De Bevoise v. Ingalls

New York Supreme Court

De Bevoise v. Ingalls

34 N.Y.S. 413, 88 Hun 186, 95 N.Y. Sup. Ct. 186, 68 N.Y. St. Rep. 423

DecidedJune 14, 1895

StatusPublished

This text of 34 N.Y.S. 413 (De Bevoise v. Ingalls) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Bevoise v. Ingalls, 34 N.Y.S. 413, 88 Hun 186, 95 N.Y. Sup. Ct. 186, 68 N.Y. St. Rep. 423 (N.Y. Super. Ct. 1895).

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Opinions

BROWN, P. J.

The appeal from the justice’s judgment was heard by the county court upon the justice’s return. The court had power to reverse the judgment, but no power to direct a new trial. Section 3064 of the Code of Civil Procedure was not applicable to the [414]*414facts of the case. That section empowers the county court to direct a new trial only when the appellant “renders a satisfactory excuse for his default.” No affidavits were read on the argument of the appeal, and no excuse was shown why the appellants did not appear before the justice of the peace. The county court is a tribunal of limited jurisdiction, and can exercise, on appeal, only such powers as are conferred upon it by statute. It was error, therefore, for the court to order a new trial, and the part of the judgment appealed from must be reversed, with costs.

DYICMAN, J., concurs.

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BROWN, P. J.

The appeal from the justice’s judgment was heard by the county court upon the justice’s return. The court had power to reverse the judgment, but no power to direct a new trial. Section 3064 of the Code of Civil Procedure was not applicable to the [414]*414facts of the case. That section empowers the county court to direct a new trial only when the appellant “renders a satisfactory excuse for his default.” No affidavits were read on the argument of the appeal, and no excuse was shown why the appellants did not appear before the justice of the peace. The county court is a tribunal of limited jurisdiction, and can exercise, on appeal, only such powers as are conferred upon it by statute. It was error, therefore, for the court to order a new trial, and the part of the judgment appealed from must be reversed, with costs.

DYICMAN, J., concurs.

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Bluebook (online)

34 N.Y.S. 413, 88 Hun 186, 95 N.Y. Sup. Ct. 186, 68 N.Y. St. Rep. 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-bevoise-v-ingalls-nysupct-1895.