McLaughlin v. Doherty

Department No. 2, Sharpstein, J.:

The notice of appeal in this case was served and filed on the 17th day of October, 1878. The order for judgment was made on the 7th day of October, 1878, but the judgment was not entered until the 29th day of October, 1878, or twelve days after the service of the notice of appeal.

Section 939 of the Code of Civil Procedure provides that “ an appeal may be taken from the final judgment * * * within one year after the entry of the judgment.” This appeal is from a final judgment. Prior to the adoption of the Code, § 336 of the Practice Art authorized an appeal to…