Morris v. Morange
New York Supreme Court
Appeal from an order. This action was brought by William A. Morris and George Kissam, executors, against Henry H. Morange and others, for the foreclosure of a mortgage: plaintiffs had judgment, and defendant Morange appealed.
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Appeal from an order. This action was brought by William A. Morris and George Kissam, executors, against Henry H. Morange and others, for the foreclosure of a mortgage: plaintiffs had judgment, and defendant Morange appealed. An order was made at Kings Special Term, directing that the notice of appeal from the judgment in this action, served on the clerk, be set aside and taken from the files of the court, on the ground that it was not served within thirty days- after notice of the judgment. The defendant Morange appealed from the order. The following is the opinion delivered at special term:…
1Opinion of the Court
By the Court.*—Sorugham, J.
Section 332 of the Code requires that an appeal must be taken within thirty days after written notice of the judgment or order shall have been given to the party appealing.
The appeal is taken by the service of a notice .in writing on the adverse party, and on the clerk with whom the judgment or order appealed from is entered, stating the appeal from the same, or some specified part thereof. (Code, § 327.)
The time to appeal, in this case, expired with the 19th day of March, 1863, and on that day the defendant Morange deposited in the post-office, in Rew York, a…
2Cited by5 opinions
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