Kemack v. Coon

The plaintiff moves to dismiss an appeal to the County Court from a judgment entered by a justice of the peace of the town of Lincklaen, N. Y., on the 18th day of November, 1930, on the ground that no notice of appeal was served pursuant to the provisions of section 428 of the Justice Court Act.

The issue joined in the action before the justice of the peace was heard by a jury on November 18, 1930, and following the rendering of a verdict in favor of the plaintiff against the defendant, judgment was docketed on the same day. The affidavits submitted by the plaintiff show, and it is not…