Livingston v. New York Elevated Railroad
New York Supreme Court
Appeal from special term, Hew York county. Action by Caroline Livingston against the Hew York Elevated Railroad Company and the Manhattan Railway Company. From an order setting aside an execution issued on a judgment theretofore rendered in favor of plaintiff, plaintiff appeals.
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Appeal from special term, Hew York county. Action by Caroline Livingston against the Hew York Elevated Railroad Company and the Manhattan Railway Company. From an order setting aside an execution issued on a judgment theretofore rendered in favor of plaintiff, plaintiff appeals. For former report, see 26 H. E. Rep. 751, 11 H. Y. Supp. 359. The notice of the entry of judgment served on defendants’ attorneys was as follows: “Take notice that the within is a copy of the judgment in this action, and that the same was, on the 8th day of May, 1890, duly entered herein in the office of the clerk of…
1Opinion of the CourtPatterson, J.
On the 8th day of May, 1890, the appellant (plaintiff) recovered at the special term a judgment against the defendants, in part for a sum of money awarded as damages to certain premises belonging to her. On the same day what purported to be a copy of the judgment was, with what «vas intended to be a notice of the entry thereof, served on the defendants’ attorneys. The time to appeal, had it been duly limited, would have expired on the 7th day of J une, 1880, and on that day the defendants’ attorneys undertook to make service of a notice of appeal, but that attempt was held by the general term…
2Cases cited5 opinions
- Kelly v. . SheehanNew York Court of Appeals · 1879
- Good v. . DalandNew York Court of Appeals · 1890
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Valton v. National Loan Fund Life Assurance SocietyNew York Supreme Court · 1859
- Livingston v. New York Elevated RailroadNew York Supreme Court · 1890
3Cited by8 opinions
- Prescott v. BrooksNorth Dakota Supreme Court · 1902
- Tudor v. EbnerAppellate Division of the Supreme Court of the State of New York · 1905
- Campana v. District Court of Salt Lake CountyUtah Supreme Court · 1926
- Kubin v. MillerCity of New York Municipal Court · 1899
- Levien v. WebbAppellate Terms of the Supreme Court of New York · 1900
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