Legal Opinion
Sherman v. Postley
New York Supreme Court
Decided November 6, 1865PublishedCited by 1 opinion
MOTION to dismiss an appeal, on the ground that it was not made in time. The facts appear, sufficiently, in the opinions.
1Opinion of the CourtLeonard, J.
The Code provides that an appeal must he taken within thirty days after written notice of the judgment or order shall have been given t.o the party appealing. (§ 332.)
This provision applies to appeals from trials before a single judge to the general term of this court. (§ 348.) The question in this case is, when may notice of a judgment be given for the purpose of limiting the time within which an appeal may be taken ? Or, in other words, when is a judgment in the condition that such notice of it may be given ? The Code defines a judgment to be the final determination of the rights of the…
2Cases cited4 opinions
- Sherman v. WellsNew York Supreme Court · 1857
- Fry v. BennettThe Superior Court of New York City · 1858
- Lentilhon v. Mayor of New YorkThe Superior Court of New York City · 1851
- Schenectady & Saratoga Plank Road Co. v. ThatcherNew York Supreme Court · 1851
3Cited by1 opinion
- Richardson v. RogersSupreme Court of Minnesota · 1887