De Mott v. Kendrick
New York Supreme Court
Appeal from special term, Onondaga county. Action by William H. DeMott against Francis M. Kendrick for an accounting. Judgment was directed by a referee in favor of defendant. On the 10th of April, 1891, the attorneys for defendant entered judgment and taxed costs without notice to the attorney for plaintiff.
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Appeal from special term, Onondaga county. Action by William H. DeMott against Francis M. Kendrick for an accounting. Judgment was directed by a referee in favor of defendant. On the 10th of April, 1891, the attorneys for defendant entered judgment and taxed costs without notice to the attorney for plaintiff. On the same day they served upon plaintiff’s attorney a copy of such judgment, with a notice of the entry thereof, and their bill of costs, with a notice that the same would be readjusted by the clerk of Oneida county on the 13th day of April, 1891, at 2 o’clock P. m. Ho other notice of…
1Opinion of the CourtMartin, J.
As the appellant’s motion was denied upon the ground that more than 30 days had elapsed after the service of a copy of the judgment with a notice of the entry thereof, and before the service of the notice of appeal, we think it is fair to presume from the order in this case that the motion was denied upon the ground that the appellant’s time to appeal had expired, and, consequently, the court had no power or authority to grant the order. The only question we need to consider is whether the service of a copy of the judgment herein, with a written notice of the entry thereof at the time when it…
2Cases cited11 opinions
- Good v. . DalandNew York Court of Appeals · 1890
- Champion v. Plymouth Congregational SocietyNew York Supreme Court · 1864
- Sherman v. WellsNew York Supreme Court · 1857
- Watson v. . GardinerNew York Court of Appeals · 1872
- Wilson v. . PalmerNew York Court of Appeals · 1878
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