Legal Opinion

Rich v. Markham

New York Supreme Court

Decided December 26, 1895PublishedCited by 1 opinion

Appeal from Lewis county court. Action by W. H. Rich against Homer 0. Markham. From a judgment of the county court affirming a judgment of the justice court for $40.66, and adjudging “that the said judgment, so far as the costs therein, $7.95. is concerned, be, and the same hereby is, reversed and held for naught,” plaintiff appeals. Affirmed.

1Opinion of the Court

HARDIN, P. J:

It is contended by the appellant “that the justice never rendered any judgment until the 19th of April, 1893, and after the lapse of the four days after final submission, and after the cause had passed from his jurisdiction.” We think the facts stated in the return and amended return of the justice are opposed to this contention of the appellant. The cause was tried on the 14th of April, 1893, and submitted to the justice for decision; and, inasmuch as he was entitled to four days, the last day for the rendition of a judgment was the 18th day of April, 1893. On that day he made…

2Cases cited1 opinion

  1. Dauchy v. BrownNew York Supreme Court · 1863

3Cited by1 opinion

  1. Furanz v. TramontanoAppellate Division of the Supreme Court of the State of New York · 1917

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