George A. Moore & Co. v. Heymann

McAvoy, J.:

On this appeal there is a motion to dismiss on the part of the respondent. The motion to dismiss is based upon the ground that at the time the plaintiff’s motion was granted the defendant submitted an order, although the motion was decided against him; that this order of his was signed, and that these circumstances bring defendant within the general provisions of the Civil Practice Act, section 612. That section limits the time to appeal to thirty days after service upon the attorney for the appellant of a copy of the judgment or order appealed from and a written notice of the…