Southard v. Philips
New York Supreme Court
Appeal from an order of the County Court of Suffolk county, dismissing an appeal from a judgment in favor of the plaintiff, .rendered in a Justice’s Court.
1Opinion of the Court
Barnard, P. J.:
This appeal seems to have been brought under a mistake of law. The appellant claims to reverse the order dismissing an appeal conditionally, for the reason that the appellant had thirty days in which to appeal from a justice’s judgment.
By section 353, Code, the time to bring such appeal is limited tc twenty days.
The judgment was obtained before the justice on 1st August. 1873. On the sixteenth of August notice of appeal was served on *19the justice, and no eosts or fee for making a return was paid him. On the 22d of August, 1813, the justice made an affidavit, that no costs or fee…
Also in this document: Concurrence.
2Cases cited1 opinion
- Van Heusen & Charles v. KirkpatrickNew York Supreme Court · 1851