Ex parte Kellogg
3 Cow. 372
N.Y. Sup. Ct.1824Check TreatmentThe statute is merely directory. True, if
the Justice does not return on or before the first day of the next term after the appeal, it is an omission of duty ; but the party is not to suffer by this. If filed at any time afterwards, he may proceed in his appeal. The statute does not require that the payment of costs should be endorsed upon the bond. If, in fact, paid, this is enough ; and the contrary is not pretended.
Motion denied,