People v. Ulster C. P

By the Court,

The common pleas did right in refusing to quash the appeal. Notice of appeal left with a member of the family of the justice of suitable age, in his absence, is sufficient. This case is within the principle of the decision in 7 Cowen, 487; the only distinguishable feature is, that there the wife of the justice was expressly authorized by her husband to receive the notice, Whether such authority be given or not, is not material. The motion for a mandamus is refused.