Stewart v. Masson

SCALERA, P. J.,

— The above-entitled action, the amount in controversy being less than $2,000, was referred to and decided by a board of arbitrators. On June 26, 1964, the board made an award in favor of plaintiff and against defendant in the sum of $1,080. On July 14, 1964, defendant filed an appeal, paid the costs which had accrued and filed the requisite affidavit. Defendant failed, however, to file a recognizance. On November 2, 1964, plaintiff filed a petition for rule to show cause why defendant’s appeal should not be dismissed for failure to file the recognizance required as a part of…