Gilpin v. Savage
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Richard S. Gilpin, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 13th day of December, 1909, requiring the plaintiff to accept service of a certain undertaking.- Order affirmed, with ten dollars costs and disbursements, on opinion of Lambert, J.-, delivered at Special Term.
1Opinion of the Court
All concurred.
The following is the opinion delivered at Special Term:
Lambert,
The. undisputed proof contained in the affidavits presented on this motion shows that no true copy of the judgment appealed from, with written notice of entry, hag been served upon the attorney for the defendant, up to the present time, and the running of the time limited for appealing has not . yet commenced. (Good v. Daland, 119 N. Y. 153. See Harmon v. Van Ness, 56 App. Div. 160; Talman v. Barnes, 12 Wend. 227.)
The notice of appeal to the Court of Appeals is ineffectual for any purpose until the required…
2Cases cited4 opinions
- Good v. . DalandNew York Court of Appeals · 1890
- Architectural Iron Works v. . City of BrooklynNew York Court of Appeals · 1881
- Talman v. BarnesNew York Supreme Court · 1834
- Harmon v. Van NessAppellate Division of the Supreme Court of the State of New York · 1900