Bellappi v. Hovey
New York Supreme Court
Appeal from Erie county court. Action by Michael Bellappi against Belle Hovey. From a judgment of the county court affirming a judgment in favor of plaintiff, rendered by a justice of the peace of the town of North Collins, defendant appeals. Reversed. The action is one for labor and services, claimed to have been rendered by the plaintiff for the defendant.
Read the full summary
Appeal from Erie county court. Action by Michael Bellappi against Belle Hovey. From a judgment of the county court affirming a judgment in favor of plaintiff, rendered by a justice of the peace of the town of North Collins, defendant appeals. Reversed. The action is one for labor and services, claimed to have been rendered by the plaintiff for the defendant. Issue was joined before the justice of the peace upon the 4th day of August, 1894, at which time the defendant demanded a trial by jury. The justice before whom the action was pending refused to issue a venire unless the defendant first…
1Opinion of the CourtAdams, J.
It is contended by the respondent that the justice before whom the action was tried was justified in insisting, as a condition of the issuing by him of the venire demanded by the defendant, that the fees of the jurors should be either paid or secured; and he rests such contention upon the language of section 3328 of the Code of Civil Erocedure, which reads as follows: . “A justice of the peace, or a constable, juror or witness before a justice of the peace is not obliged to render any services specified in this title, without the previous payment or tender of his fee therefor.” It is obvious,…
2Cited by2 opinions
- Riley v. PaganAppellate Division of the Supreme Court of the State of New York · 1898
- Judson v. HavelyNew York County Court, Fulton County · 1899