Lavalle v. . Skelly
New York Court of Appeals
Appeal from an order of the General Term of "the Supreme Court, in the first judicial department, made May 4,1882, which amended a notice of appeal. The action was tried in February, 1879, and the complaint was dismissed; at the same time a motion was made for a new trial which was denied. On March 21, 1879, judgment was entered. On April 8, 1879, plaintiffs attorney served notice of appeal from the order denying the motion for a new trial.
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Appeal from an order of the General Term of "the Supreme Court, in the first judicial department, made May 4,1882, which amended a notice of appeal. The action was tried in February, 1879, and the complaint was dismissed; at the same time a motion was made for a new trial which was denied. On March 21, 1879, judgment was entered. On April 8, 1879, plaintiffs attorney served notice of appeal from the order denying the motion for a new trial. On April 26, 1879, a copy of the judgment with written notice of the entry thereof was served upon said attorney. The order in question amended said…
1Per curiam
The order appealed from authorized an amendment of the notice of appeal by adding the words “ and from the judgment entered against the plaintiff in this action.” The effect of such amendment is to allow an appeal from the judgment as well as the order denying a new trial, which was originally taken by the notice of appeal. Such an amendment, we think, is not authorized by any of the provisions of the Code or any of the decisions of the courts. By the Code, an appeal from a judgment to the General Term must be taken within thirty days after service upon the appellants of a copy of the…
2Cases cited1 opinion
- Ryan v. DoyleNew York Supreme Court · 1870
3Cited by11 opinions
- Trowell v. Diamond Supply Co.Supreme Court of Delaware · 1952
- Trowell v. Diamond Supply Co.Superior Court of Delaware · 1952
- Waldo v. . SchmidtNew York Court of Appeals · 1910
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Sullivan v. City of HelenaMontana Supreme Court · 1890
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