Flynn v. Bailey
New York Supreme Court
APPEAL from an order made at a special term, everruling a demurrer to the complaint. The complaint alleged that, on the 6th day of July, 1864, the plaintiff, in due form of law, recovered a judgment for §60 and costs, in a justice’s court of the city and county of Schenectady, before Joseph Harman, one'of the justices of the peace of said city and county. That within twenty days thereafter, the defendant appealed from said judgment to the Schenectady county court.
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APPEAL from an order made at a special term, everruling a demurrer to the complaint. The complaint alleged that, on the 6th day of July, 1864, the plaintiff, in due form of law, recovered a judgment for §60 and costs, in a justice’s court of the city and county of Schenectady, before Joseph Harman, one'of the justices of the peace of said city and county. That within twenty days thereafter, the defendant appealed from said judgment to the Schenectady county court. That while said appeal was pending, and on the — day of-, 1865, the county judge of Schenectady county duly certified the same to…
1Opinion of the Court
By the Court,
Miller, J.
I 'think that the first count in the plaintiff’s complaint contains a good cause of action. According to the printed points submitted, the principal and only objection to the first cause of action stated in the plaintiff’s complaint consists in the fact that the order therein set forth was served upon the defendant’s attorney, and not upon the defendant personally, and that the attorney, and not the defendant, refused to refund the money. It is claimed that the service upon the attorney was not a compliance with the order, and that his refusal was not equivalent to a…
2Cited by6 opinions
- De Bemer v. DrewNew York Supreme Court · 1870
- Cleveland v. BarrowsNew York Supreme Court · 1871
- Henderson v. JacksonThe Superior Court of New York City · 1870
- Henderson v. JacksonThe Superior Court of New York City · 1870
- Munn v. CookNew York Supreme Court · 1890
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