BAX v. HARNETT


9 Misc.2d 110 (1957)

Alfonso D. Bax, Respondent, v. Harold J. Harnett et al., Appellants.

County Court, Niagara County.

December 9, 1957.


Attorney(s) appearing for the Case

Herald P. Farringer, Jr., for appellants.

William L. Kellick, Jr., for respondent.


FRANK J. KRONENBERG, J.

Defendants made timely service of a notice of appeal from a judgment of the Niagara Falls City Court entered by Judge THOMAS B. LEE on April 15, 1957. However, they failed to perfect the appeal by timely payment of costs as required by section 430 of the Justice Court Act.

Since an appeal was taken by service of notice within 20 days pursuant to section 428 of said act, the County...

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