Rutherford v. Kastner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert G. Rutherford, from an order of the County Court of St. Lawrence county, entered in the office of the clerk of the county of St. Lawrence on the 4th day of August, 1920, denying plaintiff’s motion to dismiss an appeal by the defendant from a judgment taken against him in the Justice's Court of the town of Hammond, St. Lawrence county.
1Opinion of the Court
Kiley, J.:
The plaintiff, appellant, obtained judgment against the defendant in the town of Hammond, St. Lawrence county, this State, for $200 and costs. The summons served upon the defendant directed him “ to appear before the undersigned, a justice of the peace of said town, at his office in said town on the 30th day of March, 1920, at one o’clock in the afternoon.” The affidavit of defendant shows that at the time specified and in the town specified, the defendant appeared, made inquiry as to where the justice had his office and went to each place as directed, and failed to find any court;…
2Cases cited1 opinion
- Hotchkiss v. KingAppellate Division of the Supreme Court of the State of New York · 1913