Gasson v. Atkins
New York County Courts
This action was brought in the Oity Court of the city of Kingston, to recover the value of certain services, and resulted in a judgment in favor of the respondent in the sum of $56.50 ; from which judgment this appeal has been taken.
1Opinion of the CourtCantine, J.
The summons in this action was issued by the recorder as acting city judge. Under the charter of the *146city of Kingston, the recorder is given the power to act as city judge in case of the latter’s illness, absence from the city or relationship to the parties within the prohibited degree.
The power to act is, therefore, dependent upon the existence of one or more of the above facts; which must be proved, as any other facts, by competent evidence. The recorder has no right to assume that the city judge is under any of the prescribed disabilities, or to base his power to act upon mere rumor,…
2Cases cited1 opinion
- Anibal v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Robischon v. MooreAppellate Division of the Supreme Court of the State of New York · 1909
- Trubenback v. Nelson, New York County Courts1911