Clapp v. . Hawley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 12, 1884, which reversed an order of Special Term, denying a motion made by defendants to compel plaintiffs to accept notice of appeal herein, and which granted said motion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 12, 1884, which reversed an order of Special Term, denying a motion made by defendants to compel plaintiffs to accept notice of appeal herein, and which granted said motion. This action was tried by the court; its decision was filed February 4, 1882. A draft of judgment, signed by the judge who tried the case, was delivered to the clerk, who used the same in entering judgment; a copy of the judgment, save that the signature of the judge was omitted, was served on defendants’ attorneys…
1Opinion of the CourtRapallo, J.
This appeal cannot be disposed of on the ground that it involves a mere question of the practice of the court below which that court has power to regulate. By section 784 of the Code of Civil Procedure, courts and judges are expressly prohibited from allowing an appeal to be taken after the expiration of the time fixed by law, except in some cases of° death. To compel the successful party to accept notice of appeal after that time has expired, is in substance and effect to allow the appeal. As the time fixed by law was in this case thirty days after service of a copy of the judgment, with…
2Cases cited2 opinions
- Wait v. . Van AllenNew York Court of Appeals · 1860
- Loeschigk v. AddisonThe Superior Court of New York City · 1865
3Cited by25 opinions
- Cornell v. CornellNew York Court of Appeals · 1959
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Zapp v. . MillerNew York Court of Appeals · 1888
- Decker v. CanzoneriAppellate Division of the Supreme Court of the State of New York · 1939
- Burns v. Pace UniversityAppellate Division of the Supreme Court of the State of New York · 2006
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