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Orvis v. Curtiss

28 N.Y.S. 728 Court N.Y.C.P. Decision date 1894-05-17 English

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p. 728
ORVIS v. CURTISS.
(Common Pleas of New York City and County, General Term.
May 17, 1894.)

Headnote

Judgment—Rendition after Time Limited by Law.
A judgment rendered by a justice of the district court will be reversed where it was rendered after the time limited by law.
Appeal from eleventh district court.
Action by Charles E. Orvis against William H. Curtiss. There was a judgment in favor of plaintiff, and defendant appeals. Reversed.
Argued before BOOKSTAVER, BISCHOFF, and PRYOR, JJ.
H. G. Harris, for appellant.
F. G. Gedney, for respondent.

The justice had no jurisdiction to render the judgment he did in this case, because he rendered it after the time limited by law for his doing so. This appears from the return itself. Therefore, the judgment must be reversed, with costs.