INDEX.

PAGE

1

2

3

6

7

9

Statement Under Rule 41..

Notice of Appeal to Appellate Division.

Order of Affirmance.

Judgment of Affirmance.

Summons

Complaint

Answer

Proceedings in Justice's Court.

Justice's Return...

Notice of Appeal to County Court.

Testimony

Motion Made to Dismiss (fol. 82)

Affidavit of No Opinion.

Stipulation Settling Case.

Order Settling Case..

Waiver of Certification.

Order Filing Record in Appellate Division....

10

12

13

15

28

41

42

42

43

43

.

TESTIMONY.

.... 15

17

37

38

Alexander W. Hoheiser,

Direct

Cross

Recalled, re-direct

Recalled, re-cross

Charles Loebel,

3

This action was begun in the Justice's Court, Town of Hempstead, Nassau County, by the service of a summons upon the defendant, returnable before Walter R. Jones, Esq., Justice of the Peace, on the 12th day of November, 1920.

The defendant appeared by Griffiths and Kornicker his attorneys on the return day and joined issue by filing an answer.

The case was tried before the said Justice on the 10th day of January, 1921, and resulted in a decision for plaintiff.

Defendant thereafter appealed from said decision and judgment entered thereon to the County Court: of Nassau County which said Court affirmed the judgment of said Justice's Court.

The names of the original parties are stated in full above and there has been no change of parties or attorneys since the action was begun.

Sirs :

Please take notice that the above named defendant hereby appeals to the Appellate Division of the Supreme Court for the Second Judicial Department from the order of Hon. Lewis J. Smith, County Judge of Nassau County, entered in the office of the County Clerk of Nassau County, on March 8th, 1921, and the judgment entered thereon docketed in the office of the County Clerk of Nas

sau County, on the 8th day of March, 1921, which 6 said order affirmed with $26.84 costs and disburse

ments the judgment rendered by Walter R. Jones,
Esq., Justice of the Peace for the Town of Hemp-
stead, Nassau County, in favor of plaintiff and
against defendant on January 13th, 1921, for the
sum of $51.44 and the defendant appeals from each
and every part of said order and judgment of af-
firmance, both on questions of law and questions of
fact.
Dated, March 22nd, 1921.
GRIFFITHS & KORNICKER,

Attorneys for Appellant,
Office & P. O. Address,

53 Main Street,
Hempstead, N. Y.

At a Term of the County Court of Nas

sau County held in and for the
County of Nassau on the 5th day of
March, 1921.

Present-Honorable LEWIS J. SMITH, County

Judge.

The above named defendant-appellant, having appealed to this Court from a judgment rendered against him in favor of the above plaintiff-respondent on January 13th, 1921, for $51.44 damages and costs before Walter R. Jones, Esq., Justice of the