Randall v. Osborne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nora Osborne, from a judgment of the County Court of Hamilton county in favor of the plaintiff, entered in the office, of the clerk of said county on the 28th day of Hay, 1918, reversing a judgment of a Justice’s Court which dismissed the complaint and directing a judgment as prayed for in said Justice’s Court.
1Opinion of the Court
Smith, P. J.:
In Justice’s Court plaintiff filed a verified complaint which, if the matters therein alleged are true, entitled the plaintiff as matter of law to a judgment for thirty dollars. The defendant appeared and moved to dismiss the complaint on several grounds, which motion was denied. Thereafter the defendant refused to file a verified answer, the effect of which refusal was an admission of the matters alleged in the complaint and entitled the plaintiff to judgment under section 2988 of the Code of Civil Procedure. The justice, however, dismissed the complaint. Upon an appeal to the…