New York City Baptist Mission Society v. Tabernacle Baptist Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Tabernacle Baptist Church, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of September, 1896, denying its motion to compel the attorney for the plaintiff to receive a notice of appeal
1Opinion of the Court
Vah Brunt, P. J.:
It is admitted that the time to appeal has expired since the service upon the defendant of a copy of the judgment sought to be appealed from and á written notice of the entry thereof. It is urged, however, that the time did not commence to run because neither the judgment-as entered nor the copy served was folioed as required by rule 19 of the General Rules of Practice. It is claimed that the clerk had no power to enter the judgment, and it was, therefore, void. This position, however, cannot be sustained. The want of folioing was a mere irregularity. The court that tried the…