Tripp v. DeBow
New York Supreme Court
Appeal from an order at Ontario Special Term, July 1849. An order was made, upon motion at the special term, dismissing the appeal taken from a judgment in the County Court of Ontario county to this court, upon the ground that the appeal was not brought in conformity with the provisions of the Code.
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Appeal from an order at Ontario Special Term, July 1849. An order was made, upon motion at the special term, dismissing the appeal taken from a judgment in the County Court of Ontario county to this court, upon the ground that the appeal was not brought in conformity with the provisions of the Code. The notice df appeal was served- upon the party instead of his attorney in the court below; and the justice held that the notice should have been served upon the attorney of record instead of the party, and that the statute not having been complied with, nor the error waived by an appearance, this…
1Opinion of the Court
By the Court,
Johnson, Justice.
If the attorney of record below is not the attorney of the' respondent in this court upon *115appeal upon whom notices of the proceedings are to he served, the decision was clearly wrong and the order dismissing the appeal must he reversed.
Is the attorney of record in the judgment the attorney in the action upon an appeal from the judgment within the meaning of §417 of the Code?
Formerly, undoubtedly, upon bringing a writ of error, the practice was to serve the notice upon the attorney of record of the defendant in error (Lusk vs. Hastings, 1 Hill, 662; Sel. Pr. 365;…
2Cited by7 opinions
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- Cone v. HooperSupreme Court of Minnesota · 1872
- Neuberger v. BoyceOregon Supreme Court · 1896
- Halsey v. CarterThe Superior Court of New York City · 1866
- First National Bank v. BernardSupreme Court of Colorado · 1878
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