Goss v. Hays
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edna A. Goss, from an order of the County Court of Clinton county, entered in the office of the clerk of the county of Clinton on the 3d day of October, 1898, granting the. defendant’s motion to dismiss an appeal taken by the plaintiff to the County Court of Clinton county from a judgment in favor of the defendant rendered by a justice of the peace.
1Opinion of the Court
Herrick, J.:
As a matter of fact the costs in the Justicels Court in this case were not paid, and their payment is necessary to perfect an appeal. (Kenney v. Livery Stable Keepers' Assn., 89 Hun, 190.)
The circumstances, 'however, are -such that if" seems to me the County Court might well have permitted that to have been done, nwnc pro tnmc, under section 3049 of the Code of Civil Procedure. It has, however, declined to do so. It was a matter resting in its discretion, and there is a long line of authorities holding that we have not the right to review that exercise of discretion. (Tucker v.…
2Cases cited3 opinions
- Tucker v. PfauNew York Supreme Court · 1893
- National Wall Paper Co. v. SzerlipAppellate Division of the Supreme Court of the State of New York · 1896
- Kenney v. Livery Stable Keeper's Ass'nNew York Supreme Court · 1895