Miller v. Shall
New York Supreme Court
MOTIOIST, by the plaintiff, for leave to make á case and bill of exceptions, and to have the plaintiff’s attempt to appeal declared good and effectual, and that the appeal was taken in time. The action was tried in November, 1872, and leave given to make case, &c., in thirty-five days. No case was made within the time given by the order.
Read the full summary
MOTIOIST, by the plaintiff, for leave to make á case and bill of exceptions, and to have the plaintiff’s attempt to appeal declared good and effectual, and that the appeal was taken in time. The action was tried in November, 1872, and leave given to make case, &c., in thirty-five days. No case was made within the time given by the order. Judgment was perfected in favor of the defendant, and notice thereof given January 6th, 1874, by serving notice upon Culver & Burchard, attorneys of the plaintiff, and upon S. S. Morgan, Esq., who had appeared as counsel for the plaintiff. The attorneys say,…
1Opinion of the CourtHardin, J.
It was held in Humphrey v. Chamberlain (11 N. Y., 274,) that “the Supreme Court has not power to relieve a party from an omission to appeal to the General Term from a judgment within the time prescribed by law.”
The notice of judgment served January 6, 1873, had the effect to limit the plaintiff’s right to appeal, whether it was received by her attorneys or not. The service was complete when the notice was mailed properly addressed, &c. (Morris v. Morange, 17 Abb., 86; affirmed by Court of Appeals, see 31 How., 639.)
The 15th rule-of this court provides that an attorney may be changed by the…
2Cases cited2 opinions
- GLENN v. United StatesSupreme Court of the United States · 1852
- Humphrey v. . ChamberlainNew York Court of Appeals · 1854
3Cited by9 opinions
- Hendry v. HiltonAppellate Division of the Supreme Court of the State of New York · 1953
- Anthony v. SchofieldAppellate Division of the Supreme Court of the State of New York · 1943
- Philadelphia Mortgage and Trust Co. v. PalmerWashington Supreme Court · 1903
- Ohlquist v. NordstromNew York Supreme Court · 1932
- Sears v. Tenhagen, New York County Courts1906
4 more not listed; retrieve them via the Exa API.