Pearson v. Lovejoy
New York Supreme Court
APPEAL from a judgment entered July 29th, 1863, upon, an order of the Otsego county court, made in September, 1857, dismissing the defendant’s appeal from a judgment rendered against him in a justice’s court, on the ground that the time to appeal had expired. The action was commenced by attachment, before the justice, and a judgment was rendered for the plaintiff on the 19th of January, 1852. The process was not personally served, and the defendant did not appear.
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APPEAL from a judgment entered July 29th, 1863, upon, an order of the Otsego county court, made in September, 1857, dismissing the defendant’s appeal from a judgment rendered against him in a justice’s court, on the ground that the time to appeal had expired. The action was commenced by attachment, before the justice, and a judgment was rendered for the plaintiff on the 19th of January, 1852. The process was not personally served, and the defendant did not appear. The notice of appeal was not served by the defendant until July 17, 1856, and the justice made and filed his return thereto in…
1Opinion of the Court
By the Court, Mason, J.
The first question to be considered in this case is, whether the order of the county court, dismissing the appeal from the judgment of the justice, is to be deemed a judgment, within the meaning of section 245 of the Code. That section defines a judgment to be the final determination of the rights of the parties in the action. It seems to me that, so far as the county court is concerned, it must be regarded as a judgment. The appeal was dismissed on the ground that it was not brought in time. If it appears from the return itself that it was brought in time, and the…
2Cases cited13 opinions
- M'Allister v. ReabNew York Supreme Court · 1830
- Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
- Miner v. ClarkNew York Supreme Court · 1836
- Clason v. ShotwellCourt for the Trial of Impeachments and Correction of Errors · 1814
- Seymour v. . JuddNew York Court of Appeals · 1849
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3Cited by25 opinions
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Woolridge v. McKennaUnited States Circuit Court · 1881
- North v. JoslinMichigan Supreme Court · 1886
- Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- Kansas Pacific Railway Co. v. ThacherSupreme Court of Kansas · 1876
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