Cochrane v. Cornwell

Appellate Division of the Supreme Court of New York

Cochrane v. Cornwell

162 A.D. 921, 146 N.Y.S. 1087

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1914

StatusPublished

Cited by1 cases

This text of 162 A.D. 921 (Cochrane v. Cornwell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cochrane v. Cornwell, 162 A.D. 921, 146 N.Y.S. 1087 (N.Y. Ct. App. 1914).

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Opinion

Order reversed, with ten dollars costs and disbursements, and motion denied, without costs, upon the ground that upon the perfection of the appeal for a new trial the judgment of the Justice’s Court ceases to be of any force, and the respondent’s only remedy is to secure a judgment upon the new trial or a dismissal of the appeal, and to rely upon the undertaking given upon the appeal. (Miller v. City of Buffalo, 129 App. Div. 833; Burns v. Howard, 9 Abb. N. C. 321, 324.) All concurred.

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Order reversed, with ten dollars costs and disbursements, and motion denied, without costs, upon the ground that upon the perfection of the appeal for a new trial the judgment of the Justice’s Court ceases to be of any force, and the respondent’s only remedy is to secure a judgment upon the new trial or a dismissal of the appeal, and to rely upon the undertaking given upon the appeal. (Miller v. City of Buffalo, 129 App. Div. 833; Burns v. Howard, 9 Abb. N. C. 321, 324.) All concurred.

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Bluebook (online)

162 A.D. 921, 146 N.Y.S. 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cochrane-v-cornwell-nyappdiv-1914.

Opinion

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