Odell v. McGrath
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Odell, from an order of the City Court of Yonkers, entered in the office of the clerk of said court on the 8th day of April, 1897, denying his motion for an extension of time to prepare and serve a proposed case on appeal.
1Opinion of the Court
Per Curiam :
The preparation of a case is not necessary to perfect or prosecute an appeal. A party may argue his appeal on the judgment roll alone. (Schwarz v. Weber, 103 N. Y. 658.) The failure to serve a case, therefore, does not fall within the provisions of section 1303 of the Code of Civil Procedure, relative to mistakes or defects in perfecting an appeal.
It is by the Rules of Practice alone that a case is made necessary. It is unquestionable that the time to serve a case prescribed by the rules may be extended or a party permitted to serve a case after his time has expired. There is no…
2Cases cited1 opinion
- Strong v. HardenburghNew York Supreme Court · 1862
3Cited by2 opinions
- Layden v. Knickerbocker Ice Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Layden v. Knickerbocker Ice Co.Appellate Division of the Supreme Court of the State of New York · 1914