Mitchell v. Watkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lynn D. Watkins, from an order of' the Cattaraugus County Court, made, at a Special Term of said court and entered in the office of the clerk of the county of Cattaraugus on the 19th day of September, 1895, granting the plaintiff’s motion to dismiss an appeal taken by the defendant in' this action from a judgment rendered herein by a justice of the peace in favor-■of the plaintiff, unless the defendant pay to the plaintiff or his attorneys on said…
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Appeal by the defendant, Lynn D. Watkins, from an order of' the Cattaraugus County Court, made, at a Special Term of said court and entered in the office of the clerk of the county of Cattaraugus on the 19th day of September, 1895, granting the plaintiff’s motion to dismiss an appeal taken by the defendant in' this action from a judgment rendered herein by a justice of the peace in favor-■of the plaintiff, unless the defendant pay to the plaintiff or his attorneys on said motion the sum of six dollars and serve on the justice a copy of the notice of appeal. May 27, 1895, an action was…
1Opinion of the Court
Hardin, P. J.:
' Section 3047 of the Code of Civil Procedure seems to require that the notice of appeal shall be delivered personally to the justice or personally to his clerk. Upon the facts disclosed in this case, it appears that the notice of appeal was delivered within the statutory time to the justice of the peace personally. Although the delivery was made by the hand of a party who was in the service of the United States government, acting in behalf of -the mail service, the fact remains that the notice of appeal was actually delivered into the presence, custody and keeping of the…
2Cases cited1 opinion
- Rogers v. RockwoodNew York Supreme Court · 1891
3Cited by2 opinions
- City of Glens Falls v. Standard Oil Co.New York Supreme Court · 1926
- Walker v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1914