Armstrong v. Smith
New York Supreme Court
THE plaintiffs brought this action before a justice of the peace, in August, 1864, for trespasses on their lands situated in the town of Otsego. The summons was personally served on the defendant, but he did not appear before the justice. The plaintiff Armstrong was the only witness sworn on the trial.
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THE plaintiffs brought this action before a justice of the peace, in August, 1864, for trespasses on their lands situated in the town of Otsego. The summons was personally served on the defendant, but he did not appear before the justice. The plaintiff Armstrong was the only witness sworn on the trial. He testified as follows : “ George Patten and myself were owners of hops, grass and grain, growing, oats and buckwheat, on a farm adjoining the defendant’s farm in the town of Otsego; about one acre of hops, about thirty acres of meadow, about one acre of oats, between two and three acres of…
1Opinion of the Court
By the Court, Balcom, J.
The plaintiffs’ counsel has made the point that the defendant’s notice of appeal to the county court was invalid, because a United States revenue stamp, of fifty cents, was not put upon the one served on the justice, or upon one of those served on the plaintiffs.
A fifty cent stamp was used and canceled upon the notice kept by the defendant’s attorneys, and the government of the United States has not been defrauded. But whether the appeal to the county court was invalid or irregular because the stamp was not put upon one of the notices served, instead of the one kept by…
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