Lane v. . Wheeler
New York Court of Appeals
Motion to dismiss appeal on the grounds that the notice of appeal is defective and was not served in time. The material facts are stated in the opinion.
1Per curiam
The notice of appeal is defective because it does not contain an assent on the part of the appellant that, if the order is affirmed, judgment absolute shall be rendered against him, as required by subdivision 1 of section 191 of the Code.
The claim of the respondent is also well founded, that the notice of appeal was not served in time. The Code (§ 1325) requires that an appeal to this court from an order must be taken within sixty days after service upon the attorney for the appellant of a copy of the order appealed from, and a written notice of the entry thereof. A copy of the order with the…
2Cited by5 opinions
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- Terwilliger v. . Browning, King Co.New York Court of Appeals · 1913
- Steamship Richmond Hill Co. v. . SeagerNew York Court of Appeals · 1899
- Chase v. EttingerAppellate Division of the Supreme Court of the State of New York · 1918
- Gunder v. 164 East Seventy-Second Street Corp.New York Court of Appeals · 1935