Zinsser v. Seiler
New York Court of Common Pleas
Application made at general term for leave to appeal to the Court of Appeals from an order made by this court at general term affirming an order made by Judge Robinson, allowing the defendant to perfect an appeal taken by him to this court froiy a judgment of the First District Court in the city of New York, by serving the notice of appeal on the respondent in that appeal.
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Application made at general term for leave to appeal to the Court of Appeals from an order made by this court at general term affirming an order made by Judge Robinson, allowing the defendant to perfect an appeal taken by him to this court froiy a judgment of the First District Court in the city of New York, by serving the notice of appeal on the respondent in that appeal. The facts upon which that order was made were as follows: A judgment in favor of William Zinsser and August Zinsser, the plaintiffs, against Adolph Seiler, the defendant, was entered in the First District Court on June…
1Opinion of the Court
Charles P. Daly, Chief Justice.
It has been uniformly the practice of this court since the amendment of section 275 of the Code of 1848, by the adoption of section 327 of the Code of 1849, to allow a party who has in good faith given a notice of appeal, but has failed through mistake to perfect it by serving a notice, both upon the clerk and the respondent, to perfect the appeal by the service of the additional notice upon the one upon whom it should have been served, deeming that we had power to do so by the amendment made in. 1849. None of the cases referred to upon this motion, except,…
2Cases cited3 opinions
- Sherman v. WellsNew York Supreme Court · 1857
- Morris v. MorangeNew York Supreme Court · 1863
- Williams v. Tradesmen's Fire InsuranceNew York Court of Common Pleas · 1863