Howard v. Shaw

The opinion of the court was delivered by

Stiles, J.

Service of a notice of appeal upon one member of a law firm, who appeared for a party to the action, is a good service when the other member of the firm is dead.

Where a lawyer appears for himself and as attorney for his wife, service of a notice of appeal upon him, directed to both, is a good service.

Proof of service of the notice of appeal upon the prevailing party was filed within five days after the service. This, with the filing of the bond, effected the appeal. Taws 1893, Ch. 61, § 4 (p. 120). The act does not prescribe when proof of the…