Thomas v. Thomas
New York Supreme Court
Appeal from an order of tbe County Court of Tioga county, denying a motion to dismiss an appeal from a judgment of a justices’ court. March 13, 1878, the plaintiff recovered a judgment against the defendant in a justices’ court for $100 damages, and four dollars costs.
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Appeal from an order of tbe County Court of Tioga county, denying a motion to dismiss an appeal from a judgment of a justices’ court. March 13, 1878, the plaintiff recovered a judgment against the defendant in a justices’ court for $100 damages, and four dollars costs. March 18, 1878, the defendant served a notice of appeal, but neglected to pay the costs included in the judgment, and the fees of the justice for making the return until April, 10, 1878. The justice made and filed his return April 28, 1878. The plaintiff moved that the appeal be dismissed, because the costs and fees were not…
1Opinion of the Court
Eollett, J.:
To perfect an appeal from a justice’s judgment to the county court under the Code, until amended in 1851, an appellant was not required to pay the costs recovered against him in a judgment, or the justices’ fees for malting a return. Under the Code of 1848, the appeal was heard upon affidavits, but, if contradictory or defective, the court might order a return, for which service the justice was entitled to one dollar. (§§ 310-311-324, Code 1848.)
As amended in 1849 the justice was required to make a return without an order of the court, for which service he was entitled to one…
2Cases cited4 opinions
- Wait v. . Van AllenNew York Court of Appeals · 1860
- People v. Saratoga Common PleasNew York Supreme Court · 1828
- Young v. WhitcombNew York Supreme Court · 1866
- Ex parte La FargeNew York Supreme Court · 1826