Levien v. Webb

The defendant, seeking to appeal from a judgment of the General Term of the City Court, allowed the statutory time for appealing to expire before serving his notice of appeal. He now contends that the notice of entry of judgment, served upon him; was ineffective to set running the time within which he must appeal. He bases this contention upon the assertion that the copy judgment, served upon him, was not duly “attested ” by the clerk, by which we understand him- to mean that the copy served was not certified or signed by the clerk. The copy served, purporting to be a copy of the judgment,…