Marsh v. Peckham

The plaintiff has been awarded a judgment by a Justice’s Court following the trial of a negligence action. Incidental to an appeal by the defendants to the County Court and after the justice had filed his return in accord with section 438 of the Justice Court Act, a motion was made by defendants to require the justice to make a further or amended return. Before that motion was determined, however, the defendants secured an order directing the plaintiff to show cause in County Court why the return filed *15by the justice should not be set aside. The affidavit upon which the order issued was by…