Young v. Whitcomb
New York Supreme Court
AJUGDMENT in favor of tne defendant against the plaintiff, for costs,. was entered in a justice’s court in 1 Chemung county, on the 14th day of November, 1865. The plaintiff served notice of appeal from-such judgment, upon the justice, on the 4th day of December, 1865, and upon the respondent’s attorney, (the respondent being a non-resident of, and absent from, the county,) on the 5th day of December, 1865. The county court of Chemung county dismissed the appeal, on the…
Read the full summary
AJUGDMENT in favor of tne defendant against the plaintiff, for costs,. was entered in a justice’s court in 1 Chemung county, on the 14th day of November, 1865. The plaintiff served notice of appeal from-such judgment, upon the justice, on the 4th day of December, 1865, and upon the respondent’s attorney, (the respondent being a non-resident of, and absent from, the county,) on the 5th day of December, 1865. The county court of Chemung county dismissed the appeal, on the ground, as is alleged, that the ' notice of appeal was not served on the respondent in time.(a) • This is an appeal from…
1Opinion of the Court
By the Court, Boardman, J.
The notice was not served in time. The day on which judgment was entered by the justice should not be counted. That would leave sixteen days in ¡November, and four days in December, within which the plaintiff might have served his notice. That time expired with the 4th day of December, and service on the 5th was too late, and worthless. (Phelan v. Douglass, 11 How. 193, and cases cited.)
The case of Gallt v. Finch, (24 How. 195,) is not in point, because the court there hold that the time did not begin to run in that case until the order appealed from had been entered…
2Cases cited1 opinion
- Nations v. JohnsonSupreme Court of the United States · 1861
3Cited by4 opinions
- Connecticut National Bank v. BaylesAppellate Division of the Supreme Court of the State of New York · 1897
- Kemack v. Coon, New York County Courts1932
- Estate of Sbarboro, Superior Court of California, County of San Francisco1879
- Thomas v. ThomasNew York Supreme Court · 1879