Legal Opinion

Kent v. Sibley

New York Court of Common Pleas

Decided May 9, 1889PublishedCited by 1 opinion

Appeal from special term. Defendants were permitted to amend a notice of appeal served by them on plaintiff by inserting the word “judgment” in place of the word “order.” Plaintiff appeals. Code Civil Proc.

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Appeal from special term. Defendants were permitted to amend a notice of appeal served by them on plaintiff by inserting the word “judgment” in place of the word “order.” Plaintiff appeals. Code Civil Proc. N. Y. § 1303, is as follows: “ Where the appellant, seasonably and in good faith, serves the notice of appeal upon the clerk, or upon the adverse party or his attorney, but omits, through mistake, inadvertence, or excusable neglect, to serve it upon the other, or to do any other act necessary to perfect the appeal or to stay the execution of the judgment or order appealed from, the court…

1Per curiam

The original notice of appeal was from the judgment. The error occurred from making the copies of the notice to be served; and under section 1303 of the Code, where an appeal had been taken in good faith, any defect may be cured. We therefore think that the order should be affirmed, with costs.

2Cited by1 opinion

  1. Rothenberg v. MetzgerAppellate Division of the Supreme Court of the State of New York · 1929

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