Sholts v. Judges of Yates
New York Supreme Court
Judgment was given by a Justice of Yates county in fa-' vor of Sholts against Champlin, for $46, on the 22d Aug. 1533, On the 25th, Sholts filed a transcript with the County Clerk, and took out execution on oath, and placed it in the Sheriff’s hands, On the other hand, Champlin, on the very day the trail-script was taken, filed with the Justice-a notice of appeal, a bond as required by law, and paid all the costs required of him by the Justice on receiving the appeal.
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Judgment was given by a Justice of Yates county in fa-' vor of Sholts against Champlin, for $46, on the 22d Aug. 1533, On the 25th, Sholts filed a transcript with the County Clerk, and took out execution on oath, and placed it in the Sheriff’s hands, On the other hand, Champlin, on the very day the trail-script was taken, filed with the Justice-a notice of appeal, a bond as required by law, and paid all the costs required of him by the Justice on receiving the appeal. Notice of the appeal was given to the Sheriff who nevertheless was proceeding under the direction of Sholts to sell Champlin’s…
1Opinion of the Court
Curia.
It was necessary that a bond shoul d be given and the costs paid within four days after the judgment, in order to make an appeal operative; but these facts need not appear from the Justice’s return. It lay with the opposite par ty to show affirmatively, that the bond and payment of the costs were out of time, if he wished’to avail himself of the irregularity. Until the contrary was shown, the Court below were right in intending that the proper measures were taken before the Justice, on instituting the appeal. Nor should the appellant be prejudiced by the omission of the Justice to…
2Cited by7 opinions
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- Itzenplitz v. ChassinNew York County Court, Erie County · 1924
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