Powens v. Jones
New York County Courts
Appeal by the defendant, Leonard T. Jones, from a judgment rendered against him in justice’s court, in favor of the plaintiff, Emma Powens. The facts sufficiently appear from the opinion.
1Opinion of the Court
Sutton, Co. J.
This is an appeal from a judgment rendered by a justice of the peace in an action for trespass.
Before the justice in due time defendant demanded a trial by jury; plaintiff objected to the issuing of a venire until defendant paid to the justice the sum of $4.25. The justice sustained the objection, and against the protest of defendant proceeded to try the cause without a jury, and rendered judgment in favor of the plaintiff, and against the defendant.
The ruling was put upon the ground that the plaintiff had a right to insist upon prepayment by defendant of the amount named.
Section…
2Cases cited1 opinion
- Rice v. BuchananNew York Supreme Court · 1864
3Cited by1 opinion
- Judson v. HavelyNew York County Court, Fulton County · 1899