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Fowler v. Milliman

5 Thomp. & Cook 718 Court N.Y. Sup. Ct. English

Delivered by E. Darwin Smith, J.

Contents

Majority

p. 718
Fowler v. Milliman.

Headnote

Justice’s court—judgment in not reviewed u/pon ground not specified in notice of appeal
The review of a judgment rendered hy a justice of the peace should he confined to the grounds particularly taken and specified in the notice of appeal. Delong v. Brainard, 1 N. Y. Sup. 1; Nolan v. Page, id. Addenda, 2. Accordingly where the county court reversed the judgment of a justice upon grounds not taken at the trial nor specified in the notice of appeal, held, error.
Appeal by plaintiff from a judgment of the Wayne county court reversing a judgment of a justice of the peace in favor of plaintiff upon a question of law„
The action was brought by Jesse Fowler against William 0. Milliman for wrongful injury to personal property of plaintiff.
Jacob B. Decker, for appellant.
William, Roe, for respondent.

The head-note states sufficiently the only question passed upon in the opinion. The judgment of the county court was reversed and that of the justice affirmed.

Ordered accordingly.