6 N.Y.S. 99 | N.Y. Sup. Ct. | 1889
This is an appeal from a judgment of the county court of Richmond county, reversing a judgment entered by a justice of the peace in an action commenced in bis court by summons in an action for the recovery of the possession of a horse, and damages for the detention thereof. The justice’s return shows that he issued a summons, August 8, 1887, returnable August 15, 1887, and that the plaintiffs at the same time made an affidavit before the justice entitled in the action, setting forth bis ownership of the horse; that it was wrongfully detained by the defendant; that defendant claimed to hold it by virtue of a chattel mortgage executed by plaintiffs to one Imlay et al.; that the horse had not been taken by warrant for the collection
Section 2933 of the Code
The foregoing was written before we observed the point about the certification of the appeal papers. It is now insisted that we cannot determine this appeal, because the papers before us do not appear to have been certified as required by section 1353. We agree with the First department in Lewisohn v. Niederwiesen, 40 Hun, 545, that this rule is an important one, especially in cases which come into this court from an inferior court. There is nothing before us to show our jurisdiction. But, since we have expressed our views on the merits of the appeal, it may save future trouble and expense to the parties if they shall be made known. We therefore decline to, make formal decision of this appeal at this time. The plaintiffs may have a stay until next general term, or withdraw their appeal, in order to obtain proper certification for the next general term, and thus have papers properly certified for submission.
relating'to replevin in justices’ courts.