Salles v. . Butler
New York Court of Appeals
Motion to dismiss appeal. On the 26th September, 1862, judgment was entered in the action against the defendants, and notice of such judgment was given in writing to the defendants and their attorney, on the 9th October, 1862. On the 6th December, 1862, the defendants’ attorney served notice of appeal from the judgment, which notice was immediately returned to him, with the objection thereon indorsed, that the defendants’ time to take an appeal had expired.
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Motion to dismiss appeal. On the 26th September, 1862, judgment was entered in the action against the defendants, and notice of such judgment was given in writing to the defendants and their attorney, on the 9th October, 1862. On the 6th December, 1862, the defendants’ attorney served notice of appeal from the judgment, which notice was immediately returned to him, with the objection thereon indorsed, that the defendants’ time to take an appeal had expired. On the' 8th October, 1862, the plaintiffs' attorney gave a stipulation, in writing, to the effect that the defendants, or any of them,…
1Opinion of the CourtWright, J.
The statute prescribes the manner and the time in which an appeal may be taken to the general term, from a judgment. It is to be made by the service of a notice, in writing, on the adverse party, and on the clerk with whom the judgment appealed from is entered, stating the appeal from the same, or some special part thereof. (Code, § 327.) And the appeal must be taken within thirty days after written notice of the judgment shall have been given to the party appealing. (Code, § 332.)
In this case written notice of the judgment was given to the defendants, on the 9th October, 1862, and no Steps…
2Cases cited1 opinion
- The People v. . SaxtonNew York Court of Appeals · 1860
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