Humphrey v. . Chamberlain
New York Court of Appeals
Motion to dismiss an appeal. The judgment of the supreme court in this cause, upon a report of referees, was entered on the 9th day of April, 1853, in the clerk’s office of Monroe county. It was in favor of the defendant for §1679.19, damages and costs.
Read the full summary
Motion to dismiss an appeal. The judgment of the supreme court in this cause, upon a report of referees, was entered on the 9th day of April, 1853, in the clerk’s office of Monroe county. It was in favor of the defendant for §1679.19, damages and costs. The plaintiffs’ attorneys obtained a stipulation from the defendant’s attorney for time to make a case, and the yprepared and served one accordingly; but there was a question of regularity respecting the case, and no appeal from the judgment to the general term was taken within the time allowed by the code. On the 7th day of June, 1853, the…
1Opinion of the Court
By the Court, Denio, J.
The code prescribes the time within which an appeal may be taken from the special to the general term; and it is not in the power of the court to extend that period, or to allow an appeal when the time has been suffered to expire. (Code, §§ 332, 405.) As the legislature has seen fit to deny to the courts the power to relieve a party from the consequences of an omission to appeal within the period allowed by law,- it was obviously improper for the supreme court in this case to attempt to effect the same thing indirectly, by affixing a new date to the judgment. (Bank of…
2Cases cited1 opinion
- Bank of Monroe v. WidnerNew York Court of Chancery · 1845
3Cited by13 opinions
- Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadNew York Court of Appeals · 1899
- Nuckolls v. IrwinNebraska Supreme Court · 1873
- Herrick v. Racine Warehouse & Dock Co.Wisconsin Supreme Court · 1877
- Miller v. ShallNew York Supreme Court · 1875
- Brickner v. SporlederSupreme Court of Oklahoma · 1895
8 more not listed; retrieve them via the Exa API.