Young v. Conklin
New York County Courts
Appeal from justice court. Action by Young against Conklin. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the Court
WEIANT, Judge.
This is an appeal from a judgment of a justice’s court, taken upon default in favor of the plaintiff for $38.71 damages and costs. The same is submitted upon the return of the justice and affidavits.
Two grounds for reversal are advanced,—one based upon section 3064 of the Code of Civil Procedure, providing for a new trial in certain cases where judgment is taken by default; the other upon *994the ground that the justice lost jurisdiction, because the case was not regularly adjourned to the time when the trial was had. The appellant had not made out a case, under section 3064 of the…
2Cases cited11 opinions
- Bates v. ConklíngNew York Supreme Court · 1833
- People v. Mayor of New-YorkNew York Supreme Court · 1833
- Kimball v. MackNew York Supreme Court · 1833
- Haines v. Judges of WestchesterNew York Supreme Court · 1839
- Armstrong v. CraigNew York Supreme Court · 1854
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