Traffarn v. Getman
New York Supreme Court
Appeal from Oneida county court. Savillian F. Traffarn sued Charles Getman in replevin before a justice. Defendant met the justice, with the plaintiff, the day of the suit, and said that he would not attend the trial; that plaintiff might have the goods, and he would pay the costs. At the time of trial, June 21, 1882, neither party being present, the judge entered judgment for plaintiff on his minutes.
Read the full summary
Appeal from Oneida county court. Savillian F. Traffarn sued Charles Getman in replevin before a justice. Defendant met the justice, with the plaintiff, the day of the suit, and said that he would not attend the trial; that plaintiff might have the goods, and he would pay the costs. At the time of trial, June 21, 1882, neither party being present, the judge entered judgment for plaintiff on his minutes. August 1, 1883, at the request and under threats of defendant’s attorney, the justice entered judgment for plaintiff on his docket, and August 24, 1883, appeal was taken to the county court.…
1Opinion of the CourtHardin, P. J.
The respondent calls attention to section 3013 of the Code of Civil Procedure, which provides that a judgment of nonsuit “must be rendered against the plaintiff prosecuting an action before a justice of the peace, * * * if he fails to appear within one hour after the summons is returnable, or within one hour after the time to which the trial has been adjourned.” If there had been no appearance of the parties before the justice on the 21st of June it would have been the duty of the justice to have granted a nonsuit; but section 3015 provides: “Where a judgment is confessed, * * * the. justice…
2Cases cited3 opinions
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
- Fowler v. . HaynesNew York Court of Appeals · 1883
- Gates v. WardNew York Supreme Court · 1854
3Cited by1 opinion
- Norton & Siegel, Inc. v. NolanAppellate Division of the Supreme Court of the State of New York · 1937