Camp v. Marshall

This is an action to recover an agreed price of $350 allegedly due for the installation of a driveway on the defendant’s property. The defendant has appealed from ■a judgment taken after inquest in the Justice’s Court of the Town of Babylon, demanding a trial de novo in the County Court. The respondent now moves to dismiss the appeal on the following grounds:

1. The appeal was not timely;

2. The appeal was defective for failure to file a proper undertaking at the time the notice of appeal was served;

3. No justification of the sufficiency of the surety was made within 10 days after the exception…