Delano v. Harp
New York Supreme Court
Appeal from a judgment, entered upon a verdict directed by tbe •court at tbe Madison Circuit in February, 1879.' The appeal' book contained no case or exceptions, but simply tbe judgment-roll, consisting of tbe summons and complaint, with proof of service, tbe answers, judgment, notice of appeal and certificate of tbe clerk.
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Appeal from a judgment, entered upon a verdict directed by tbe •court at tbe Madison Circuit in February, 1879.' The appeal' book contained no case or exceptions, but simply tbe judgment-roll, consisting of tbe summons and complaint, with proof of service, tbe answers, judgment, notice of appeal and certificate of tbe clerk. Tbe judgment was in these words, following the title •of tbe cause, viz.: “ This action having been tried by Mr. Justice Marten and a jury .at a circuit court held at tbe Court-house in Morrisville, in and for ■said county, on the 19th day of February, 1879, before tbe…
1Opinion of the Court
YaNN, J.:
Tbe appeal from a final judgment, authorized by section 1346 of tbe Code of Civil Procedure, is required to be beard upon a certi-*276fled copy of tbe notice of appeal, judgment-roll and case or notice of exceptions, if any. (Sec. 1353.)
J3y section 997 a party intending to appeal from a judgment rendered after tlie trial of an issue of fact is, “ except as otherwise prescribed by law,” required to make a case and procure the same-to be settled and signed. The next section provides that it is not necessary to make a case where a party intends to appeal from a judgment entered upon a…
2Cases cited1 opinion
- Smith v. . StarrNew York Court of Appeals · 1877