Van Orsdale v. Genesee Valley Garage, Inc.

This is an application for an order vacating and setting aside a judgment granted November 4, 1933, by H. Frank Van Tyne, a justice of the peace of the town of Leicester, in favor of the plaintiff and against the defendant.

It is conceded that no appeal was taken by the defendant from this judgment as required by section 428 of the Justice Court Act.

The affidavits upon which this application is based disclose among other things that the defendant did not learn of the entry of judgment in time to perfect an appeal.

The plaintiff appears specially on this application and asks that the motion be…