DeZur v. Provost
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David D. Provost, from a judgment of the County Court of Fulton county, entered in the office of the clerk of the county of Fulton on the 17th day of February, 1904, upon an order of said County Court affirming a judgment of the Justice’s Court of the city of Gloversville, 2SF.
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Appeal by the defendant, David D. Provost, from a judgment of the County Court of Fulton county, entered in the office of the clerk of the county of Fulton on the 17th day of February, 1904, upon an order of said County Court affirming a judgment of the Justice’s Court of the city of Gloversville, 2SF. V., in favor of the plaintiff, entered on the 31st day of July, 1903. On July 9, 1903, DeZur, the respondent, commenced an action against the defendant, Provost, before Theodore R. Haviland, a justice of the peace of the city of Gloversville, by a summons returnable before Haviland on July 17,…
1Opinion of the Court
Parker, P. J.:
Justice Haviland had no authority to transfer such action from himself to Justice Burr unless his term of office was about to expire. *16Under the provisions of section 3150 of the Code of Civil Procedure, if the term of office of a justice of the peace is about to expire or he is about to remove from the town or city before judgment is rendered in an action, he must previously make a written order reciting the fact and directing the action to be continued before another justice.
There is no claim that Justice Haviland was about to remove from the city, and manifestly he had…
2Cited by1 opinion
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