Mason v. Corbin
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Marcus P. Mason against Amasa Corbin, Jr. From an order declaring the case and exceptions on appeal abandoned by defendant, he appeals.
1Opinion of the CourtParker, P. J.
This case turns upon the question whether notice of the entry of judgment upon the decision of the referee was served upon the defendant’s attorney on the 30th of June, 1897. If such notice was served, the special term had authority to declare the case and exceptions abandoned. Gen. Rules 32, 33. If such notice was not served, the defendant was not in default, and the order appealed from was erroneous. The plaintiff’s attorney did not content himself with serving a statement, merely, to the effect that judgment upon the report of the referee had been entered; but upon the 30th of June, 1897,…
2Cases cited1 opinion
- Good v. . DalandNew York Court of Appeals · 1890
3Cited by1 opinion
- Bruce v. AckroydSupreme Court of Connecticut · 1920