Livingston v. New York Elevated Railroad
New York Supreme Court
Appeal from special term, New York county. Action by Caroline Livingston against the New York Elevated Railroad Company and the Manhattan Railway Company.
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Appeal from special term, New York county. Action by Caroline Livingston against the New York Elevated Railroad Company and the Manhattan Railway Company. Plaintiff appeals from an order permitting defendants to file nunc pro tune as of the 7th of June, 1890, a notice of appeal from a judgment rendered in the action in favor of plaintiff, entered on the 8th day of May, 1890. The time to serve the notice expired on June 7, 1890. Defendants omitted to serve the county clerk, and applied by order to show cause for the relief subsequently granted by the order appealed from, alleging due service…
1Opinion of the CourtDaniels, J.
The power to make the order from which the appeal has been taken depends upon the fact whether a legal service of the same notice of appeal ivas made upon the attorney for the plaintiff on the 7th of June, 1890; for, if no such service took place on that day, then the court had no power to permit this service of the notice to be made upon the county clerk. To prove *360that the notice was legally served upon the plaintiff’s attorney, it was shown that a person employed in the office of the defendants’ attorneys repaired with the notice of appeal to the office of the plaintiff’s attorney on the…
2Cases cited1 opinion
- Campbell v. SpencerNew York Supreme Court · 1845
3Cited by2 opinions
- Livingston v. New York Elevated RailroadNew York Supreme Court · 1891
- Rogers v. RockwoodNew York Supreme Court · 1891