P. Howard Catlin, Respondent, v. Josephine Rundell, Appellant

P. Howard Catlin, Respondent, v. Josephine Rundell, Appellant. Justice’s Court judgment—if not rendered within four days it is void, but sufficient to sustain an appeal— Code of Civil Procedure, § 8015. Although the failure of a justice of the peace to render judgment in an action, within four days after the case is tried and submitted, renders the judgment void, the judgment is sufficient to support an appeal from it taken for the purpose of reviewing and reversing it. Appeal by the defendant, Josephine Eundell, from a judgment of the County Court of Schuyler county, entered in the office of the clerk of the county of Schuyler on the 6th day of April, 1895, affirming a judgment rendered by a justice of the peace. Owen Cassidy, for the appellant. Waldo F. Bishop, for the respondent. [MAJORITY — Herrick, J.:] Herrick, J.: The plaintiff brought an action against the defendant in the Justice’s Court. It was tried, before and submitted to the justice September 14, 1894. The justice rendered judgment against the defendant for the sum of twenty-one dollars and fifty-five cents on. the 21st of September, 1894. The defendant appealed from such judgment to the County Court, which court affirmed the judgment of the Justice’s Court, and from such judgment of affirmance by the County Court the defendant appeals to this court. The judgment rendered by the justice was void, it not having been rendered within four days after the trial and submission of the case to him by the parties. (Code Civ. Proc. § 3015 ; Putman v. Van Allen, 46 Hun, 492.) But, although the judgment is void, it is sufficient to support an appeal for the purposes of its review and reversal. (Gillingham v. Jenkins, 40 Hun, 594, and cases cited.) The judgment of the County Court and of the Justice’s Court should, therefore, be reversed, with costs and disbursements of this appeal and the costs of the appeal to the County Court. All concurred. Judgment of the County Court and of the Justice reversed.