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3 Cow. 372

Ex parte Kellogg

New York Supreme Court

Decided October 15, 1824

New York Supreme Court · decided 1824-10-15

Kellogg sued Griffin before a Justice of the Peace oí t . ' , „ ■ , T ..

Decided 1824-10-15

Per Curiam.

¶1The statute is merely directory. True, if

¶2the 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.

¶3Motion denied,

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