Legal Opinion

Champion v. Plymouth Congregational Society

New York Supreme Court

Decided June 6, 1864PublishedCited by 15 opinions

MO TICS’ to dismiss an appeal from a judgment upon the report of a referee, dismissing the complaint with costs. The material facts appear in the opinion of the court.

1Opinion of the Court

By the Oourt,

James 0. Smith, J.

I think the notice of the entry of judgment, in this case, served as it was before the costs were, finally adjusted, had not the effect to limit the plaintiff's right of appeal. The appeal is allowed by the fourth chapter of title eleven of the code; and the limitation insisted upon’ by the defendants is created by section 332 of the code, which provides that such appeal “must be taken within thirty days after written notice of the judgment * * * shall have been given to the party appealing.'' A party seeking to avail himself of this statutory limitation should…

2Cases cited6 opinions

  1. Tyler v. SimmonsNew York Court of Chancery · 1836
  2. Jenkins v. WildCourt for the Trial of Impeachments and Correction of Errors · 1835
  3. Sherman v. WellsNew York Supreme Court · 1857
  4. Staring v. JonesNew York Supreme Court · 1856
  5. Potter v. SmithNew York Supreme Court · 1854

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3Cited by15 opinions

  1. Hayes v. . NourseNew York Court of Appeals · 1887
  2. Prescott v. BrooksNorth Dakota Supreme Court · 1902
  3. McKenzie v. Bismarck Water Co.North Dakota Supreme Court · 1897
  4. Richardson v. RogersSupreme Court of Minnesota · 1887
  5. Maurin v. CarnesSupreme Court of Minnesota · 1900

10 more not listed; retrieve them via the Exa API.

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