Tucker v. Pfau
New York Supreme Court
■ Appeal from Erie county court. Action by Henry C. Tucker against Henry Pfau. From an order of the county court, to which the case came on appeal from a justice of the peace, granting a new trial to defendant before the justice by whom the judgment appealed from was rendered, plaintiff appeals.
1Opinion of the CourtBeadley, J.
It is quite difficult to see in the affidavits on the part of the defendant any satisfactory excuse for his default in appearing before the justice on the day of the trial. It seems to have been assumed on the part of the defendant, without taking the trouble to obtain information on the subject, that the plaintiff had, by his complaint, demanded judgment for a sum exceeding $50, and therefore that the defendant could, by appeal, and demanding it, take a new trial in the county court. Code Civil Proc. § *9543068. But as, by Ms complaint, the plaintiff sought to recover a less sum only, and as…
2Cases cited4 opinions
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Wavel v. . WilesNew York Court of Appeals · 1862
- Tanner v. MarshNew York Supreme Court · 1867
- Thomas v. KeelerNew York Supreme Court · 1889
3Cited by9 opinions
- Bantheon v. MeierNew York Supreme Court · 1894
- Cox v. HalloranAppellate Division of the Supreme Court of the State of New York · 1903
- National Wall Paper Co. v. SzerlipAppellate Division of the Supreme Court of the State of New York · 1896
- Wright v. ChaseNew York Supreme Court · 1894
- People v. YoungNew York Supreme Court · 1895
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