Webster v. Hopkins
New York Supreme Court
Bowen, Greene and Bacon, Justices. This action was commenced the 28th Nov., 1853, before Charles C. Severance, justice of the peace of the town of Concord in Erie County, by the plaintiff, Erastus D. Webster, against Nelson Hopkins and Lemuel B. Clark, and judgment rendered therein on the 9th Déeember, 1853,' against defendant Hopkins, for $70 damages, and the costs ; and of discontinuance against defendant Clark.
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Bowen, Greene and Bacon, Justices. This action was commenced the 28th Nov., 1853, before Charles C. Severance, justice of the peace of the town of Concord in Erie County, by the plaintiff, Erastus D. Webster, against Nelson Hopkins and Lemuel B. Clark, and judgment rendered therein on the 9th Déeember, 1853,' against defendant Hopkins, for $70 damages, and the costs ; and of discontinuance against defendant Clark. The complaint was verbal, upon an account for printing election tickets for defendants, as alleged, at their request. Defendants did not appear before the justice. After all the…
1Opinion of the Court
Bacon, Justice.
The error into which, in my view of the case, the learned county judge has fallen, is in mistaking the office or function of the notice of appeal; and also the remedy which is to be applied where a defect exists in the notice. > By the Code of 1848, if a party, against whom a judgment had been rendered, desired to review the proceedings and judgment by appeal, he prepared an affidavit, in which he was required to state the substance of the testimony and proceedings before the justice, and the grounds upon which the appeal was founded. If the opposite party deemed the affidavit…
2Cited by2 opinions
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