Hotchkiss v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles E. Hotchkiss, from, an order of the County Court of Otsego county, entered in the office of' the clerk of said county on the 30th day of July, 1912, setting aside a judgment of a Justice’s Court and directing a new trial before said justice, and also amending defendant’s notice of appeal from said judgment.
1Opinion of the Court
Lyon, J.:
This action was commenced in Justice’s Court by the service of a copy of the summons and verified complaint July 2, 1910, the summons being returnable July tenth. The defendant having made default in appearing upon the return day, judgment was rendered against him for seventy-five dollars damages and one dollar and ninety cents costs. On July 12, defendant served and filed a notice of appeal to the Otsego County Court, in which he demanded a new trial in that court, and gave the necessary undertaking to stay execution upon the judgment. On July nineteenth defendant upon his affidavit…
2Cases cited1 opinion
- Doughty v. PicottAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Stilwell v. Rowe, New York County Courts1913
- Rutherford v. KastnerAppellate Division of the Supreme Court of the State of New York · 1921