Legal Opinion

Hutchinson v. Grout

New York Supreme Court

Decided March 15, 1886Published

Appeal by tbe defendant from a final judgment, entered upon tbe decision of tbe Niagara County Court, overruling a demurrer to tbe complaint, after a default, in compliance with an interlocutory judgment entered on sucb decision.

1Opinion of the Court

Bradley, J.:

The plaintiff brought an action in Justices’ Court against one McLeod, who on tbe return day of the summons appeared, and after issue joined made application for an adjournment, and being so required by tbe plaintiff gave tbe requisite undertaking, executed by bim and the defendant, and an adjournment was granted. Tbe trial afterward had in tbe Justices’ Court resulted in a judgment there in favor of tbe plaintiff for thirty-eight dollars and costs, tbe amount of which judgment McLeod paid to the justice.

The plaintiff then appealed to the County Court, where the action was retried…

2Cases cited9 opinions

  1. Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
  2. Traver v. NicholsNew York Supreme Court · 1831
  3. Owen v. Farmers' Joint Stock InsuranceNew York Supreme Court · 1869
  4. Bennett v. . BrownNew York Court of Appeals · 1859
  5. Colt v. . Phoenix Fire Insurance Co.New York Court of Appeals · 1874

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