Desabrais v. Aikens

Appeal from an order of the County Court, Washington County. The plaintiff’s appeal from the Justice’s Court sought a trial in the County Court as a matter of right because the amount involved exceeded $200. He omitted to pay the Justice’s fee of $3 for making the return to the County Court on appeal and this omission appeared on the face of the Justice’s return. Thereupon defendant moved to dismiss the appeal in the County Court on the ground that it was not properly perfected because the Justice’s fee had not been paid. The statute, section 433 of the Justice Court Act, permits the…