Kelly v. . Sheehan
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, dismissing an appeal to it from a judgment in favor of defendant.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, dismissing an appeal to it from a judgment in favor of defendant. A copy of the judgment, with notice of entry thereof, signed by defendant’s attorney, but without the addition of his office address, or place of business, was served by mail May 25, 1878. The notice of appeal was served on the clerk July 25th, and on defendant’s attorney July 2G, 1878. The notice of entry of judgment was a nullity; it should have been signed with the name of the attorney and his office address or place of business.…
1Per curiam
If the notice of entry of judgment in this case was regular, the notice of appeal was served on the defendant’s attorney, one day too late, and the appeal was properly dismissed. But the appellant takes the point that the notice of entry of judgment was irregular and void, because it was not indorsed, or subscribed with the name of the defendant’s attorney and his office address, or place of business, as required by Rule 2 of the general rules of practice. We think the point well taken.
There being no power in the court to relieve a party who fails to take, an appeal in clue time, however…
2Cited by33 opinions
- People Ex Rel. Manhattan Storage & Warehouse Co. v. LillyNew York Court of Appeals · 1949
- Nagin v. Long Island Savings BankAppellate Division of the Supreme Court of the State of New York · 1983
- Anthony v. SchofieldAppellate Division of the Supreme Court of the State of New York · 1943
- In THE MATTER OF REYNOLDS v. DustmanNew York Court of Appeals · 2003
- Kilmer v. . HathornNew York Court of Appeals · 1879
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