Slocum v. Slocum

Hollister, J.,

delivered tbe opinion.

Whitson, J., concurred.

This is a motion by respondent to dismiss tbe appeal herein. It appears from tbe record that notice of tbe appeal was filed in tbe clerk’s office on tbe third day of January, 1875, and that tbe service thereof was made upon tbe attorney of tbe appellee on tbe second day of tbe same month.

It is provided in section 285 of tbe practice act (2 Sess. Laws, 134) that “ tbe appeal shall be made by filing with tbe clerk of tbe court with whom tbe judgment or order appealed from is entered, a notice stating tbe appeal from tbe same, or some…