2 N.Y.S. 381 | N.Y. Sup. Ct. | 1888
The record does not show' on what ground this judgment was reversed by the county court. There seems to have been a fair conflict of evidence on the'question both of the amount and the value of the work done for which the plaintiff brought his action. In the points submitted by the respondent here, the statement'is made that the appellant below “appealed to the county court assigning errors of fact,” (although the notice of appeal is silent in respect to the grounds of error;) and the record-contains affidavits presented to the county court by the appellant below, with a notice to the effect that such affidavits would be read on the argument of the appeal in the county court, to show errors of fact comrditted by the justice’s court. These affidavits relate to the alleged misconduct of the justice after the case was submitted to him for decision; and it is chiefly upon the-effect of these affidavits that the respondent here seems to rely to sustain the action of the county court in reversing the judgment of the justice. The practice-seems to be without sanction of law. The only case in which affidavits may be used on appeal from a justice’s judgment are those prescribed by sections 3056, 3057, 3064, Code Civil Proc. The first of these sections provides for the substitution of