Legal Opinion
Fortsmann v. Shulting
New York Court of Appeals
Decided October 25, 1887PublishedCited by 1 opinion
This was a motion to dismiss the appeal herein on the ground that the time for appealing had expired when notice was served.
1Opinion of the Court
The following is the mem. handed down:
“ The notice of the order and its entry did not show by indorsement or otherwise the office address or place of business of the attorney serving it, and was, therefore, ineffectual to limit the time of appeal. (Kelly v. Sheehan, 76 N. Y. 325 ; Bockes v. Hathorn, 78 id. 222.)
“ The motion to dismiss the appeal should, therefore, be denied, but without costs.”
Per Curiam mem.
for denial of motion.
All concur.
Motion denied.
2Cases cited1 opinion
- Kelly v. . SheehanNew York Court of Appeals · 1879
3Cited by1 opinion
- Harnett v. WestcottThe Superior Court of the City of New York and Buffalo · 1888