New York City Baptist Mission Society v. Tabernacle Baptist Church

By section 1351 of the Code, an appeal “ must be taken within thirty days after service, upon the attorney for the appellant, of a copy of the judgment appealed from, and a written notice of the entry thereof.”

It is conceded that the attorney for the defendant did not take his appeal within the prescribed period after service of a copy of the judgment and notice of entry. But he answers that the judgment was not numbered and folioed in conformity with the requirements of rule 19; and that as the rule forbids the clerk to file a paper not so numbered and folioed, the judgment-has not, in legal…