First National Bank v. Bernard
Supreme Court of Colorado
Appeal from District Court of Hinsdale County. Judgment of nonsuit was entered in the district court. The plaintiff appealed. A motion was made in this court to dismiss the appeal, assigning among other grounds that “the notice of appeal was not served at the time or upon the persons required by law.”
1Per curiam
The record shows that the appellee, Boggs, appeared in the court below by his attorneys. The only notice of appeal, given in the case, was served upon Boggs personally. Section 339 of the Code provides that a copy of such notice may be served upon the adverse party or his attorney; but it affords no light as to the circumstances under which service may properly be made upon one or the other. By section 397 it is provided as follows : ‘£ But in all cases where the party has an attorney in the action or proceeding, the service of papers, when required, shall be upon the attorney instead of the…
2Cases cited2 opinions
- Tripp v. DeBowNew York Supreme Court · 1850
- Abrahms v. StokesCalifornia Supreme Court · 1870