Gutbrecht v. Prospect Park & Coney Island Railroad
New York Supreme Court
Appeal from an order of the County Court of Kings county, dismissing an appeal from a Justice’s Court, and denying a motion for leave to amend the notice of appeal. This action was brought in a Justice’s Court in Brooklyn. It was tried and judgment given ‘for the defendant, and in due time plaintiff took an appeal from the judgment. In so doing his proceedings were as usual, and regular, except that the notice of appeal was not subscribed by any person.
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Appeal from an order of the County Court of Kings county, dismissing an appeal from a Justice’s Court, and denying a motion for leave to amend the notice of appeal. This action was brought in a Justice’s Court in Brooklyn. It was tried and judgment given ‘for the defendant, and in due time plaintiff took an appeal from the judgment. In so doing his proceedings were as usual, and regular, except that the notice of appeal was not subscribed by any person. It was, however, indorsed “Notice of Appeal. 0. J. Patterson, Plain tiffs Attorney, 346 Pulton Street, Brooklyn.” The defendant moved in the…
1Opinion of the Court
GILBERT, J.:
The notice of appeal in this case was not subscribed either by the appellant or by-his attorney, but it was indorsed on the back with the name of the plaintiff’s attorney and his business address. As the law then stood, all that was required to perfect an appeal was the service of a written notice of appeal. In Burrows v. Norton (2 Hun, 550), it was held that such a notice of appeal as was given in this case was sufficient.
In July, 1882, section 3046 of the Code of Civil Procedure was’ so amended, as to require an actual subscription of the notice of appeal. This amendment,…
2Cases cited2 opinions
- Jackson v. FassittNew York Supreme Court · 1861
- Marsh v. BrooksSupreme Court of the United States · 1853