In re the Application of Baker

Appellate Division of the Supreme Court of New York

In re the Application of Baker

54 A.D. 21, 66 N.Y.S. 242

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

DecidedJuly 1, 1900

StatusPublished

This text of 54 A.D. 21 (In re the Application of Baker) 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

In re the Application of Baker, 54 A.D. 21, 66 N.Y.S. 242 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam:

We think that the County Court-properly denied the application.If the appeal has not removed the matter beyond the jurisdiction of the County Court it is still an appeal from the judgment of the County Court based upon the report of the commissioners and the evidence before the court as returned by the commissioners. To make a different record, with different facts for this court, is not permissible. That would not in any sense be reviewing the County Court. The record which, comes here must be the exact case considered by the County Court.

The order of the County Court is affirmed, with ten dollars costs and disbursements.

. All concurred.

Order affirmed, with ten dollars costs and disbursements.

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Per Curiam:

We think that the County Court-properly denied the application.If the appeal has not removed the matter beyond the jurisdiction of the County Court it is still an appeal from the judgment of the County Court based upon the report of the commissioners and the evidence before the court as returned by the commissioners. To make a different record, with different facts for this court, is not permissible. That would not in any sense be reviewing the County Court. The record which, comes here must be the exact case considered by the County Court.

The order of the County Court is affirmed, with ten dollars costs and disbursements.

. All concurred.

Order affirmed, with ten dollars costs and disbursements.

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Bluebook (online)

54 A.D. 21, 66 N.Y.S. 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-application-of-baker-nyappdiv-1900.