Fry v. Bennett
The Superior Court of New York City
Motion to amend notice of appeal. A verdict for the plaintiff on the trial of this action, was found hy the jury on the 31st day of May, 1856. Before judgment thereon was entered the defendant; moved at special term for a new trial. This motion rayas' de?, aied.
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Motion to amend notice of appeal. A verdict for the plaintiff on the trial of this action, was found hy the jury on the 31st day of May, 1856. Before judgment thereon was entered the defendant; moved at special term for a new trial. This motion rayas' de?, aied. The order denying a new trial was entered on ¿ihe 13th day of April, 1857. The affidavit of the plaintiff’s attorney shows that a copy of the order denying such motion for a new trial, was served on the defendant’s attorney on the same day, April 13 th. Thereafter, on the 25th day of April, judgment was entered on the verdict, and it…
1Opinion of the Court
By the court—Woodruff, Justice.
The court have no
power to extend the time within which an appeal may be *392taken. The court are not authorized to do indirectly under color of amendment what they may not do directly. A notice of an appeal from an order when actually given in due season, if there be particular defects therein which do not destroy its substantial character, may be amended. And so of an appeal from a judgment.
But where a notice of an appeal from a judgment has been given in all respects perfect and containing nothing more, the court may not allow an amendment, so as to make the…
2Cited by7 opinions
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Johnson v. ManningAppellate Division of the Supreme Court of the State of New York · 1902
- Stierle v. Union Railway Co.New York Court of Common Pleas · 1895
- Bryant v. BryantThe Superior Court of New York City · 1867
- Morange v. MorrisNew York Supreme Court · 1860
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