Dodd v. Ecker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jerome W. Ecker, from a judgment of the County Court of Albany county, entered in the office of the clerk of the county of Albany on the 28th day of June, 1897, affirming a judgment of a justice of the peace, with notice of an intention to bring up for review upon such appeal an order bearing date the 24th day of June, 1897, upon which said judgment wag entered.
1Opinion of the Court
Putnam, J.:
The plaintiffs, non-residents of the county of Albany, commenced this action against the defendant, a resident of the city of Albany, before a justice of the peace of the adjoining town of Bethlehem. The defendant did not appear, and the plaintiffs obtained judgment for thirty-two dollars and ninety cents, damages and costs. The defendant appealed to the County Court of the county of Albany, and with his notice of appeal served an affidavit showing the facts above stated. This practice was sanctioned in Larocque v. Harvey (57 Hun, 366) and cases therein cited. The judgment of the…
2Cases cited2 opinions
- Larocque v. HarveyNew York Supreme Court · 1890
- Head's Iron Foundry v. SandersNew York Supreme Court · 1894
3Cited by2 opinions
- Dale v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Gegliardi v. MillerAppellate Division of the Supreme Court of the State of New York · 1904