People ex rel. Trost v. Bird
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Eva M. Trost, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of March, 1918, denying her motion for a peremptory writ of mandamus requiring the respondent to accept and file nunc pro tunc a notice of appeal.
1Opinion of the Court
Page, J.:
The attorney for the relator presented to the clerk of the Municipal Court in the third district a notice of appeal to the Appellate Term from a judgment of that court. The clerk returned the same to plaintiff’s attorney with a statement that he refused to file the same on the ground that the time to .appeal had expired, the facts being that a judgment was rendered by the justice of said court for the defendant on the eighth day of February. The attorney for the relator called the attention of the justice to the fact that the judgment in that form would be deemed to be a judgment on…
2Cases cited2 opinions
- In re The North American Mercantile Agency Co.Appellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Immerman v. DevlinNew York Supreme Court · 1909
3Cited by6 opinions
- State ex rel. Druissi v. AlmandSupreme Court of Florida · 1954
- Weintraub v. AlterDistrict Court of Appeal of Florida · 1986
- Hansen v. DennisNorth Dakota Supreme Court · 1975
- Gordon v. HofmannAppellate Division of the Supreme Court of the State of New York · 1936
- In re LubinNew York Supreme Court · 1943
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