Hoffenberth v. Muller
New York Court of Common Pleas
Motion to dismiss an appeal. Charles Hoffenberth sued John T. Muller, in the marine court, and on April 4, 1871, judgment was entered in favor of the defendant. On the 24th the defendant’ s attorney consented in writing that the plaintiff have twenty days’ further time to serve case and perfect appeal to the court of common pleas.
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Motion to dismiss an appeal. Charles Hoffenberth sued John T. Muller, in the marine court, and on April 4, 1871, judgment was entered in favor of the defendant. On the 24th the defendant’ s attorney consented in writing that the plaintiff have twenty days’ further time to serve case and perfect appeal to the court of common pleas. Before the expiration of that twenty days, the appellant served the notice of appeal upon the deputy clerk of the marine court, and upon the respondent’s attorneys but did not serve the same upon the respondent personally, as required by section 354 of the Code. A…
1Opinion of the CourtVan Brunt, J.
As to the second ground upon which the dismissal is asked, it seems to me that the statute is complied with by a service at the office of the clerk of the court, upon a person duly authorized to receive the same, and that it is a good and sufficient service upon the clerk. It would be frequently requiring an impossibility to insist upon a personal service upon the clerk. The object of the statute is complied with by a service at the office of the clerk, upon the person in charge thereof, during office hours. I therefore think that this point is not well taken.
The third point is well taken.…
2Cases cited2 opinions
- Struver v. Ocean InsuranceNew York Court of Common Pleas · 1859
- Williams v. Tradesmen's Fire InsuranceNew York Court of Common Pleas · 1863