Marble v. Towman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nancy Marble, from a judgment of the (Bounty Court of 'Montgomery county in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 8th day of -Tune, 1895, upon the decision of the court reversing the judgment rendered by a justice of the peace, in an action to recover possession of certain chattels.
1Opinion of the Court
Per Curiam :
The defendant apppeared upon the return of the summons and answered the complaint, but did not appear upon the adjourned day upon which the trial was held. The plaintiff proved her case, and thus established her right to the judgment appealed from. The Code of Civil Procedure, section 3063, directs that “ The appellate court must render judgment according to the justice of the case, without regard to technical errors or defects which do not affect *614the merits.” The defendant urges technical defects in the replevin papers to which he objected before joining issue, and also that a…
2Cited by3 opinions
- Eisenbud v. GellertAppellate Terms of the Supreme Court of New York · 1899
- Livingston v. SperoAppellate Terms of the Supreme Court of New York · 1896
- Campbell v. MullerAppellate Terms of the Supreme Court of New York · 1897