7 Cow. 468
Decided October 15, 1827
New York Supreme Court · decided 1827-10-15
Brown, the relator, sued Miller before a justice of Dutchess county, who rendered judgment for Brown, of about 30 dollars. Miller appealed; and a verdict passed in his favor of 250 dollars. A motion for a new trial made Brown was denied; and the proceedings stayed by order, for several terms, with a view to repeat the motion f°r a new trial.
Cited by 2 later decisions — most recently July 1878
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1827-10-15
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¶1We - have decided that such a bond is defective. (6 Cowen, 585.) The consequence is, that the O. P. had no jurisdiction ; and might dismiss or quash the appeal at any time. (Ibid. id. 592, 593.) The principle which sanctions a dismissal upon the trial, extends to every stage of the cause. The C. P. wanted jurisdiction, and had a right to dismiss the cause, therefore, without regard to what the parties may have done in it.
¶2Motion denied.