Miller v. Larmon
New York County Courts
1Opinion of the Court
Joseph Potter, County Judge.
This appeal is brought upon some grounds that would seem from first impressions to require the reversal of the judgment unless they were waived by defendant, and if there was no appearance there could be no waiver.
Was there an appearance on the part of the defendant before the justice 1 On the return of the summons the plaint*418iff appeared in person and by attorney, and Mr.-assumed to appear for the defendant. Issue was then joined and the case was adjourned for more than eight days upon the application of the person assuming to act for the defendant and with the…
2Cases cited3 opinions
- Sherwood v. Saratoga & Washington RailroadNew York Supreme Court · 1852
- Cole v. BellNew York Supreme Court · 1866
- Howe v. CarpenterNew York Supreme Court · 1869