General

Brown vs. Fargo

1 N.Y. 429·New York Court of Appeals·1848·NY

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Opinion

Brown vs. Fargo. The judiciary act of December, 1847, (Slat, of 1847, p. (139,) authorizing appeal from decisions of the supreme court on bills of exceptions, applies only to cases where the supreme court grants or refuses a new trial before any judgment in the cause; and not to cases where that court reverses or affirms the judgment of a subordinate court. J. K. Porter moved to dismiss the appeal. In May, 1848, the supreme court, on writ of error, reversed the judgment of the Chenango common pleas, and ordered a venire de novo to issue. From'that decision the defendant in error appealed to this court before the first of July, 1848, under the judiciary act of December, 1847. N. Hill, Jr. for the respondent. [MAJORITY — Per Curiam.] Per Curiam. The statute under which this appeal is brought does not authorize an appeal in such a case. The remedy was by writ of error. Motion granted.