Graves v. Jones

This is an appeal from a judgment of Justice’s Court of the town of Lebanon, Madison county, N. Y., rendered in favor of the plaintiff, respondent, which awarded the possession of an automobile, the property replevined, to the plaintiff.

The defendant, appellant, has appealed for a new trial in this court; the plaintiff, respondent, moved to dismiss the appeal on two grounds: First. That no issue of fact was raised in the lower court. Second. That no undertaking was given to perfect the appeal.

Section 434 of the Justice’s Court Act provides that an undertaking be given when the appeal is taken…