Seymour v. . Judd
New York Court of Appeals
On error from the supreme court. Seymour sued Judd, in a justice’s court of the county of Madison, upon an instrument executed by the defendant as security for costs, in a suit commenced by short summons before a justice, against Seymour in favor of one Dewey. Seymour recovered judgment in the justice’s court for $64,32, damages and costs.
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On error from the supreme court. Seymour sued Judd, in a justice’s court of the county of Madison, upon an instrument executed by the defendant as security for costs, in a suit commenced by short summons before a justice, against Seymour in favor of one Dewey. Seymour recovered judgment in the justice’s court for $64,32, damages and costs. Judd appealed to the common pleas, and on the trial in that court it was proved that Dewey, a non-resident of Madison county, by Judd as his agent, in 1842, applied to John Hill, Esq. a justice of the peace of that county, for a short summons against…
1Opinion of the CourtGardiner, J.
In this case the judgment was rendered by the justice on the 18th of November. The affidavit was not presented to the officer, nor the appeal allowed until the 12th of December, twenty-five days subsequent to the entry of the judgment. In Ex parte Ostrander, (1 Denio, 680,) it was held that the allowance must be made within ten days, and that the failure to make the affidavit and obtain the allowance with-m that period, was ground sufficient to dismiss the appeal, and one against which the court, even if disposed, could not relieve. (2 R. S. 258, § 187.)1
It has been repeatedly held, that…
2Cases cited4 opinions
- Jackson ex dem. Bleecker v. WiseburnNew York Supreme Court · 1830
- Van Deusen v. HaywardNew York Supreme Court · 1837
- Ladow v. GroomCourt for the Trial of Impeachments and Correction of Errors · 1845
- People ex rel. White v. Erie, C. P.New York Supreme Court · 1831
3Cited by15 opinions
- Woolridge v. McKennaUnited States Circuit Court · 1881
- Pearson v. LovejoyNew York Supreme Court · 1866
- Motor Co. v. . ReavesSupreme Court of North Carolina · 1922
- Dailey Motor Co. v. ReavesSupreme Court of North Carolina · 1922
- Noble v. CrandallNew York Supreme Court · 1888
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