Weimer v. Guinnane

Ottaway, J.:

The motion is based upon two grounds, neither of which is controverted: First, that the appeal was not taken within twenty days from May 25, 1925, the day when the judgment appealed from was entered; and second, that the appellant did not pay the costs nor the fee for making the return.

The costs and the fee of the justice for making a return must be paid by appellant at the time of serving the notice of appeal. (Justice Court Act, § 430, as amd. by Laws of 1922, chap. 87.) Such payment seems to be necessary in order to perfect the appeal. Even if this court had the power to…