23 N.Y.S. 953 | N.Y. Sup. Ct. | 1893
It is quite difficult to see in the affidavits on the part of the defendant any satisfactory excuse for his default in appearing before the justice on the day of the trial. It seems to have been assumed on the part of the defendant, without taking the trouble to obtain information on the subject, that the plaintiff had, by his complaint, demanded judgment for a sum exceeding $50, and therefore that the defendant could, by appeal, and demanding it, take a new trial in the county court. Code Civil Proc. §