French v. . Powers
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order . of Special Term, which denied a motion on the part of the plaintiff, that a case made and served herein be declared settled as proposed, or for other relief.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order . of Special Term, which denied a motion on the part of the plaintiff, that a case made and served herein be declared settled as proposed, or for other relief. This action was tried before a referee ; his report was filed July 30,■ 1875, and a copy, with written notice of filing, was on that day served on plaintiff’s attorney, lío judgment has been entered upon the report. Exceptions to the referee’s report were filed, and served on defendant’s attorney, April 29, 1878, and a…
1Opinion of the CourtRapallo, J.
On the 30th day of July, 1875, when a copy of. the referee’s report and notice of its filing were served upon the plaintiff’s attorneys, such service did not operate to limit the plaintiff’s time to serve a case or exceptions. The time did not begin to run, under the then existing law, until the entry of judgment and notice thereof, and the plaintiff had ten days thereafter, within which to serve a case and exceptions. (Code, § 268, 1851.) This section as amended in 1851 provided that the service of the case should be made within ten days after notice of the judgment, or within such time as…
2Cases cited2 opinions
- Hunt v. . BloomerNew York Court of Appeals · 1856
- Johnson v. . WhitlockNew York Court of Appeals · 1856
3Cited by5 opinions
- Lambert v. LambertNew York Court of Appeals · 1936
- Gormerly v. . McGlynnNew York Court of Appeals · 1881
- Hutchison v. CanonSupreme Court of Oklahoma · 1898
- Kenney v. SumnerNew York Court of Common Pleas · 1895
- Young v. YoungNew York Court of Appeals · 1892