Jackson v. Fassitt
New York Supreme Court
THESE actions were tried before the Hon. William F. Allen, and a jury, May 14, 1858. The plaintiff recovered a verdict. Upon the rendition of the verdict, it was stipulated that the defendants have forty days to make a case and exceptions, and in the meantime) and until judgment upon the same, if security given, all proceedings on the part of the plaintiff, except entry óf judgment and adjustment of costs, to he stayed.
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THESE actions were tried before the Hon. William F. Allen, and a jury, May 14, 1858. The plaintiff recovered a verdict. Upon the rendition of the verdict, it was stipulated that the defendants have forty days to make a case and exceptions, and in the meantime) and until judgment upon the same, if security given, all proceedings on the part of the plaintiff, except entry óf judgment and adjustment of costs, to he stayed. October 11, 1858, the defendants gave a bond out of court for payment of judgment, costs and interest, &c.; and it was stipulated, the same day, by the plaintiff, to withdraw…
1Opinion of the Court
*647 By the Court,
Clerks, P. J.
I. With regard to the motion, to dismiss the appeal from the judgments; the question, whether the service of a copy of the case and exceptions is equivalent to a formal notice of appeal, is no longer an open question in this court. The case of Sherman v. Wells, (14 How. Pr. Rep. 522,) expressly decides that it is. In that case, as in this, it does not appear that any copy of the case and exceptions, or any notice whatever, had been served on the clerk.
II. Sections 264 and 265 of the code prescribe and regulate the practice relative to motions for new trials. Such…
2Cases cited1 opinion
- Sherman v. WellsNew York Supreme Court · 1857
3Cited by9 opinions
- Eastman v. . ShawNew York Court of Appeals · 1875
- Davison v. BrownWisconsin Supreme Court · 1896
- Ferguson v. HamiltonNew York Supreme Court · 1862
- Dickerman v. DaySupreme Court of Iowa · 1871
- Pumpelly v. Village of OwegoNew York Supreme Court · 1862
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