Peck v. Hayes
New York County Court, Fulton County
Appeal from justice’s court. Action by Feclc against Hayes, before a justice of the peace. One George Hayes appeared for defendant, but his appearance was objected to, on the ground that he was a minor. On his admission of that fact, the appearance was excluded, and judgment by default was rendered for plaintiff. Defendant appeals.
1Opinion of the CourtKeck, J.
The main and substantially the only question arising in this case is raised by the plaintiff’s objection to the defendant’s appearance by a person under 21 years of age. In justice’s court there are no attorneys at law. All persons who appear there for parties are mere agents or attorneys in fact. Sperry v. Reynolds, 65 N. Y. 179. By section 2886 of the Code of Civil Frocedure it is provided that “ a party to an action before a justice of the peace, who is of full age, may appear and' prosecute or defend the same, in person or by attorney, at his election, unless he has been judicially…
2Cases cited4 opinions
- Sperry v. . ReynoldsNew York Court of Appeals · 1875
- Ackerman v. FinchNew York Supreme Court · 1836
- Schneider v. StaihrSupreme Court of Missouri · 1855
- Barrett v. SewardSupreme Court of Vermont · 1850