Marvin v. . Marvin
New York Court of Appeals
Appeal from order of the General Term of tlie Supreme Court, in the fourth judicial department, affirming an order of Special Term which denied a motion on the part of defendant to vacate judgment herein for irregularity. The irregularity complained of was that the judgment which was entered upon a decision of the court on trial at Special Term was entered before the time had elapsed prescribed by section 1228 of the Code of Civil Procedure.
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Appeal from order of the General Term of tlie Supreme Court, in the fourth judicial department, affirming an order of Special Term which denied a motion on the part of defendant to vacate judgment herein for irregularity. The irregularity complained of was that the judgment which was entered upon a decision of the court on trial at Special Term was entered before the time had elapsed prescribed by section 1228 of the Code of Civil Procedure. The decision was filed in the clerk’s office, April 20, 1874, and notice of filing served on defendant on the same day. The judgment was entered April…
1Opinion of the CourtMiller, J.
The revised Code (§ 1228), declares that “judgment * * # upon the decision of the court, * * * may be entered by the clerk, as directed therein, after the expiration of four days from the filing of the decision, * * * and the service, upon the attorney for the adverse party, of a copy thereof, and notice of filing ; but not before.” The language of this enactment is very explicit that four days must expire after the decision is filed and notice served upon the attorney of the party against whom the judgment is to be entered, before it can be lawfully docketed. No other construction can give…
2Cases cited5 opinions
- Ex parte DeanNew York Supreme Court · 1824
- Judd v. FultonNew York Supreme Court · 1850
- Phelan v. DouglassNew York Supreme Court · 1855
- Bissell v. BissellNew York Supreme Court · 1851
- Butts v. EdwardsNew York Supreme Court · 1846
3Cited by20 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Fisk Discount Corp. v. Brooklyn Taxicab Trans. Co.Appellate Division of the Supreme Court of the State of New York · 1946
- State Ex Rel. St. George v. Justice CourtMontana Supreme Court · 1927
- Mitchell v. SchoonoverOregon Supreme Court · 1888
- People v. FlorusNew York Supreme Court · 1971
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