Brown v. Brown et al.

Brown v. Brown et al. Right of Appeal. No appeal lies to the court of appeals, from the judgment of the supreme court, in action originally commenced in a justice’s court, and transferred . to the common pleas, on a plea of title. Motion to dismiss appeal. This action was originally commenced in a court of a justice of the peace, at the town of Truxton, in the county of Cortland, on the 13th July 1846. The defendants set up title to land, and the action was transferred, pursuant to statute, to the court of common pleas of that county. It was pending in that' court on the first of July 1847, and, by the new constitution, transferred to the *supreme court. It -* was there finally tried on the 8th May 1849, and judgment rendered, at the general term, in May 1850. From that judgment there was an appeal to this court, and a motion to dismiss. Ballard, for the motion. Comstock, contrá. [MAJORITY — Foot, J.] Foot, J. — The motion must be granted. The cause was originally commenced in a justice’s court, and by the provisions of the code, this court has no jurisdiction of it. Although commenced before, it was tried and decided in the supreme court, after the enactment of the code, and to such a case this court has decided that the code applies. (Grover v. Coon, 1 N. Y. 536.) Appeal dismissed, with costs. To the same effect, see Pugsley v. Kisselburgh, 10 N. Y. 420; and Wiggins v. Tallmadge, 7 How. Pr. 404. The act of 1867, c. 723, authorizes an appeal in such case, if allowed before the end of the next term after judgment entered. See Wait v. Van Allen, 22 N. Y. 319 ; Flora v. Carbean, 38 Ibid. 111.