
    COURT OF APPEALS,
    NOVEMBER TERM, 1848.
    Horace Grover, Appellant, vs. Ira Coon, Respondent.
    An appeal will not lie to this Court in an action “originally commenced in a court of a justice of the peace,” where the judgment of the Supreme Court in such action was rendered after the 1st day of July last; although the suit may have been pending on the writ of error in the Supreme Court before and on that day.
    C. P. Kirkland, for the respondent, moved to dismiss the appeal. Before, and on the first day of July last, a writ of error was pending in the Supreme Court, on a judgment rendered by a Justice of the Peace, in an action commenced before him. On the 20th of July last, the Supreme Court, after argument, affirmed the judgment of the Justice ; and Grover appealed to this court from that determination.
    John Clarke, for the Appellant.
    
   Bronson, J.

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 j udgment 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 objections urged by the appellant’s counsel, that the statute is unconstitutional. The legislature did not take away a right of appeal which had already attached; they only said that for the future, no appeal to this court should he allowed in such cases.

Motion granted, with costs of the appeal.  