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Cochrane v. Cornwell

146 N.Y.S. 1087 Court N.Y. App. Div. Decision date 1914-03-13 English

Contents

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p. 1087
COCHRANE v. CORNWELL et al.
(Supreme Court, Appellate Division, Third Department.
March 13, 1914.)

Headnote

Action by William Cochrane against Hannah W. Cornwell and others.

Order reversed, with $10 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 , 113 N. Y. Supp. 1056 ; Burns v. Howard, 9 Abb. New Cases, 324.