Cochrane v. Cornwell
Cochrane v. Cornwell
162 A.D. 921; 146 N.Y.S. 1087
Opinion of the Court
Order reversed, with ten dollars 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; Burns v. Howard, 9 Abb. N. C. 321, 324.) All concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.