Wunch v. Shankland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David Shankland, as president of Typographical Union No. 9, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk -of the county of Erie on the 12th day of January, 1900, upon the verdict of a jury for $650, and also from an order bearing date the 4th day of January, 1900, and entered in said clerk’s office, denying thé defendant’s motion for a new trial made upon a case containing exceptions.
1Opinion of the Court
Williams, J.:
There does not appear to have been service of any notice of entry of order denying motion for a new trial, so as to limit the appellant’s time to appeal therefrom under section 1351 of the Code of Civil Procedure. The only notice was of entry of “ order of judgment.”
The appeal from such order is properly here, therefore, and cannot be dismissed on the ground that the notice of such appeal was served too late.
The action was brought to recover damages sustained by plaintiff by reason of his discharge from employment with the proprietor of the Buffalo Emmvng News, alleged to' have…
2Cases cited2 opinions
- National Protective Ass'n of Steam Fitters & Helpers v. CummingAppellate Division of the Supreme Court of the State of New York · 1900
- Davis v. United Portable Hoisting EngineersAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Mills v. United States Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Grassi Contracting Co. v. BennettAppellate Division of the Supreme Court of the State of New York · 1916
- Carter v. OsterMissouri Court of Appeals · 1908
- Lehigh Structural Steel Co. v. Atlantic Smelting & Refining WorksNew Jersey Court of Chancery · 1920
- People v. McFarlin, New York County Courts1904