Jones v. Owen

Headnote

Ch’oss appeals from Justice’s Gourt — how liern’d.

When both parties appeal from a judgment of the Justice’s Court, the plaintiff on the ground that the damages awarded by the juyy were too small, and the defendant on the ground that it charged him with any damages, both appeals should be heard together and judgment and costs given for the appellant showing himself in the right upon his appeal. It is error to have the appeals heard separately and to have separate judgments entered thereon. (G-lassner v. Wheaton, 2 E. D. Smith, 352.)

Appeal from a judgment of tbe Cortland County Court, reversing a judgment of a Justice’s Court in favor of tbe plaintiff, with costs of tbe appeal.

On cross appeals from a judgment of tbe Justice’s Court, separately heard in tbe County Court, Jones reversed on bis appeal the justice’s judgment and recovered costs of the appeal against Owen, and Owen on bis appeal also reversed the same judgment and recovered his costs of appeal against Jones.

Tbe ease came before the General Term on tbe papers used in tbe County Court on tbe appeal of Owen, and tbe court was thus enabled only to review tbe decision of the County Court reversing the justice’s judgment and giving tbe 'defendant costs of appeal against plaintiff.