Gabay v. Doane

An interlocutory judgment sustaining plaintiff’s demurrer to one of the defenses set up in the answer was entered on June 30, 1902. This judgment was signed “ Thos. L. Hamilton, clerk,” and was under seal. The plaintiff served upon defendants’ attorney a paper which was a copy of said judgment, except in these particulars, viz: It was dated June 28, 1902, instead of June .30, as in the original, and it was signed “ Thomas L. Hamilton, clerk,” instead of “ Thos. L. Hamilton, clerk,” and there was no suggestion that it was under seal. With this paper was served a notice that the same was a copy…