Barber v. Stettheimer
New York Supreme Court
Appeal from a judgment of the Monroe County Court, reversing a judgment rendered by a justice of the peace in favor of the plaintiff. The judgment was reversed by the County Court upon the ground that upon the day to which the cause had been adjourned, the justice held it open to the next morning indefinitely, in the absence of the defendant, the County Court holding that the action was thereby discontinued, and the justice lost jurisdiction.
1Opinion of the Court
Smith, J.:
The only ground of irregularity specified in the notice of appeal to the County Court, was that the judgment of the justice was irregular in that the action was discontinued by the non-appearance of the plaintiff on the last adjourned day, at or within one hour from the time appointed, and the absence of the justice from his office at and before the expiration of the hour allowed by law. The object of requiring a specification in the notice of appeal, of the errors alleged, is that the adverse party and the justice, may be fairly apprised of the ground on which a reversal of the…
2Cases cited3 opinions
- Haines v. Judges of WestchesterNew York Supreme Court · 1839
- Rawson v. AdamsNew York Supreme Court · 1819
- Williams v. CunninghamThe Superior Court of New York City · 1849