Webb v. Milne
The Superior Court of New York City
Motion for time to serve case made on behalf of plaintiff by an attorney, who was not the attorney for the defeated party below, and who has served a notice of appeal signed by himself as attorney for the appellant. Motion resisted on the ground that the appeal was invalid.
1Opinion of the CourtIngraham, J.
I think the notice of appeal in this action is valid. Section 1300 of the Code prescribes how a notice of appeal shall be served. There is no express provision as to the way in which the notice should be signed. By section 55 it is provided that if the party has an attorney in the action, he cannot appear to act in person where an attorney may appear or act either by special provision of law or by the course or practice of the court.
That the appellant had an attorney in the action which resulted in the judgment against him is admitted, but by the entry of the judgment that action was ended…
2Cases cited1 opinion
- Ward v. SandsNew York Supreme Court · 1881