Black v. Maitland
Appellate Division of the Supreme Court of the State of New York
appeal by the plaintiff, Truman A. Black, from an order of the County Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 18th day of November, 1895, denying the plaintiff’s motion to dismiss the appeal to the County Court from the judgment entered in the Justice’s Court, and granting the defendant’s motion for leave to correct his omission to pay the costs included in the judgment, and ordering that "by the tender and payment…
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appeal by the plaintiff, Truman A. Black, from an order of the County Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 18th day of November, 1895, denying the plaintiff’s motion to dismiss the appeal to the County Court from the judgment entered in the Justice’s Court, and granting the defendant’s motion for leave to correct his omission to pay the costs included in the judgment, and ordering that "by the tender and payment into court of said costs the appeal was duly perfected.
1Opinion of the Court
Brown, P. J.:
This appeal is from an order of the County Court of Westchester county, which denied a motion made by the plaintiff to dismiss an appeal taken by the defendant from a judgment rendered by a justice of the peace, made upon the ground that defendant had omitted to pay the costs awarded in the judgment, and which granted leave to defendant to pay such costs.
It is provided by section 3047 of the Code of Civil Procedure that at the time of serving a notice of appeal on the justice, the appellant must pay to him the costs included in the judgment. In this case it appears that at the…
2Cited by3 opinions
- Carey v. Wright, New York County Courts1934
- Lauck v. Gorman, New York County Courts1914
- Rosenbaum v. WolffAppellate Division of the Supreme Court of the State of New York · 1946