Bailey v. Kincaid
New York Supreme Court
Motion to dismiss appeal. Action by Franklin Bailey against Mary A. Kincaid, brought in the county court in which defendant had judgment. Under the then existing provision of Code Civil Proc.
Read the full summary
Motion to dismiss appeal. Action by Franklin Bailey against Mary A. Kincaid, brought in the county court in which defendant had judgment. Under the then existing provision of Code Civil Proc. N. Y. § 1841, that an appeal to the supreme court “must be taken within 60 days after service upon the attorney for the appellant of a. copy of the judgment and notice of the entry thereof,” the time for plaintiff to appeal began to run May 6, 1890. On May 26, 1890, that section' was amended so as to read that such an appeal “must be taken within 30 days after service upon the attorney for the appellant…
1Opinion of the CourtLandon, J.
The limitation of the right to appeal began May 6, 1890, and under section 1341, Code Civil Proc., as then in force, would continue for 60' days. May 26, 1890, the section was amended by striking out 60 days and inserting 30. The notice of appeal was served June 30, 1890, more than 30 days from May 6, 1890, but less than 60 days; also more than 30 days after the amendment took effect. The right to appeal is not a vested right. Whether a party may appeal, and, if so, under what limitation as to time, are matters of legislative control. Butterfield v. Rudde, 58 N. Y. 489; Ryan v. Waule, 63 N.…
2Cases cited7 opinions
- Sohn v. WatersonSupreme Court of the United States · 1873
- In Re the Estate of MillerNew York Court of Appeals · 1888
- Moore v. . MausertNew York Court of Appeals · 1872
- Goillotel v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Ryan v. . WauleNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cook v. MasseyIdaho Supreme Court · 1923
- Lake Erie & Western Railway Co. v. WatkinsIndiana Supreme Court · 1902
- Wilson v. KrygerNorth Dakota Supreme Court · 1913
- Moberly v. RothSupreme Court of Oklahoma · 1909
- Claim of Struzycki v. R. W. Smith Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1921
1 more not listed; retrieve them via the Exa API.