Schwemmer v. Stratton

Appeal from Albany county court. Action brought in the city court of Albany by August Schwemmer against Peter Stratton for work done and material furnished defendant. There was a judgment for defendant for 25 cents costs, and $5 attorney’s fee. Plaintiff appealed to the county court, but onty paid the 25 cents costs. Defendant moved to dismiss the appeal for failure to pay the costs as required by Code Civil Proc. § 3047, which provides that the appellant, at the time of serving his notice of appeal from a justice’s judgment, must pay “the costs of the action included in the judgment.” From…