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6 Cow. 69

Ex parte Stephens

New York Supreme Court

Decided August 15, 1826

New York Supreme Court · decided 1826-08-15

Judgment was recovered against Stephens by Phillips, before a justice of Onondaga, and execution issued, upon which Stephens being imprisoned, paid the judgment to the plaintiff, and took his receipt. Being discharged, he attempted to appeal to the Onondaga C. P., and paid 75 cents to the justice; but did not pay him the costs of the suit, supposing that the payment to the plaintiff was the same thing.

Decided 1826-08-15

Per Curiam.

¶1The act is very strictly construed. To entitle the party to appeal, he must follow up the requisites prescribed to him with great exactness. Such appears to have been the intention of the legislature; and with this accords the current of decision. The statute, (sess. 47, ch. 238, s. 36, p. 295,) is, that the party appealing shall pay to the justice the costs of the suit; and also the sum of 75 cents for making and filing the return. The words have not been complied with. The 75 cents, but not the costs, were paid to the justice. The motion must be denied.

¶2Motion denied.

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