Baker R. & L. Co. v. Buel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Baker B. & L. Company, Incorporated, from an order of the County Court of Bock-land county, entered in the office of the clerk of said county on the 19th day of May, 1919, opening a default judgment taken before a justice of the peace against defendant on the 1st day of February, 1919, for seventy-four dollars and forty-eight cents.
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Appeal by the plaintiff, The Baker B. & L. Company, Incorporated, from an order of the County Court of Bock-land county, entered in the office of the clerk of said county on the 19th day of May, 1919, opening a default judgment taken before a justice of the peace against defendant on the 1st day of February, 1919, for seventy-four dollars and forty-eight cents. Many adjournments had been had before the justice, the last one having been granted on January twenty-fourth, although defendant did not appear. On the final return day, the defendant was again absent. The court directed plaintiff to…
1Per curiam
What is the power of the County Court to set aside and vacate a justice’s judgment, when there has been no notice of appeal? The Code of Civil Procedure, section 3044, declares: “ The only mode of reviewing a judgment, rendered by a justice of the peace in a civil action, is by an appeal, as prescribed in this title.”
Section 3064 of the Code of Civil Procedure comes from section 366 of the former Code of Procedure. Both sections refer to proceedings upon an appeal.
In the Revised Statutes, the provision was that after *824docketing the judgment with the county clerk, the clerk should issue…
2Cases cited5 opinions
- Martin v. Mayor of New YorkNew York Court of Common Pleas · 1860
- Martin v. Mayor of New YorkNew York Court of Common Pleas · 1860
- Albertson v. Behrend Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Stilwell v. Rowe, New York County Courts1913
- Denovsky v. Bach, New York County Courts1916
3Cited by4 opinions
- Garges Bros. v. SpechtAppellate Division of the Supreme Court of the State of New York · 1934
- Itzenplitz v. ChassinNew York County Court, Erie County · 1924
- Cacciola v. CovineAppellate Division of the Supreme Court of the State of New York · 1950
- Marran's Paint Store, Inc. v. Minarich, New York County Courts1957