Grover v. . Coon

New York Court of Appeals
Grover v. . Coon, 1 N.Y. 536 (N.Y. 1848)
3 How. Pr. 341
Bronson

Grover v. . Coon

Opinion of the Court

Bronson, J.

The 282d section of the code of procedure applies to proceedings subsequent to the first of July, in suits which were pending on that day. (Supp. Code, § 2.) The writ of error in this case was pending in the supreme court on the first of July, and was, we think, a suit within the meaning of the statute. The judgment of affirmance was subsequent to the first of July; and as the action was “ originally commenced in a court of a justice of the peace,” there was no right of appeal to this- court. (§§ 282, 11.) The judgment of the supreme court was final.

We see no force in the objection urged by the appellant’s counsel, that the statute is unconstitutional. The legislature did not take away a right of appeal which had already attach ed: they only said that for the future, no appeal to this court should be allowed in such cases.

Motion granted.

Reference

Full Case Name
Grover, Appellant, vs. Coon, Respondent
Cited By
4 cases
Status
Published