Legal Opinion

Fairchild v. Edson

New York Supreme Court

Decided October 5, 1894PublishedCited by 2 opinions

Action by Charles S. Fairchild and others against Margaret B. Edson and others. There was a judgment in favor of plaintiffs, and defendant Margaret B. Edson appeals. Appeal dismissed.

1Per curiam

We are of the opinion that the time for the appellant to appeal has expired. More than 30 days have elapsed since the service upon her of the judgment by the prevailing party, and such appellant has taken one appeal, which has been disposed of by the general term. 28 N. Y. Supp. 401. She now proposes to *616appeal as against a codefendant, claiming that her time to take such appeal has not expired, because such codefendant has not •served upon her a copy of the judgment. We do not think that this is necessary, except in cases where cross answers have been served as between defendants, and…

2Cases cited2 opinions

  1. Kilmer v. . HathornNew York Court of Appeals · 1879
  2. Fairchild v. EdsonNew York Supreme Court · 1894

3Cited by2 opinions

  1. O'Brien v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
  2. Title Guaranty & Trust Co. v. Uniform Fibrous Talc Co.New York Supreme Court · 1926

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