Judson v. Havely
New York County Court, Fulton County
Appeal from justice court. Action before a justice of the peace by John B. Judson and Alvah H. Rogers against Merwin Havely. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtKeck, J.
The appellant contends that he was improperly deprived of his right to a trial by jury by the refusal of the justice to draw one unless his fee of 25 cents for a venire was prepaid, in addition to the amount which had been paid to him by the defendant in accordance with the requirement of section 2990 of the Code of Civil Procedure. The return sets forth that an issue of fact was joined; also that “the defendant pays into court the sum of $3.60, and demands a jury; that the $3.60 is offered for the purpose of paying $1.50 for notifying the jury, and $2.10 for the purpose of paying the jurors’…
2Cases cited3 opinions
- Smith v. HillNew York Supreme Court · 1856
- Bellappi v. HoveyNew York Supreme Court · 1895
- Powens v. Jones, New York County Courts1882