Sheridan v. Andrews — 81 N.Y. 650

Majority

p. 650

Bernard Sheridan, Respondent, v. John Andrews, Impleaded, etc., Appellant.

(Submitted June 1, 1880;

decided September 21, 1880.)

Headnote

This was an appeal from order of General Term which reversed an order of Special Term and set aside judgments for costs entered for defendants upon a remittitur. The respondent moved to dismiss the appeal and for a return of the remittitur for correction. The motion to dismiss was upon the ground that notice of appeal was not served in time. It was founded on an affidavit showing service of the order appealed from on October 17, 1878, the order bearing date on that day with a notice of the entry thereof on the same day. The opposing affidavits and papers showed that the copy order served had no date, was not addressed to any one, had no written notice of entry thereof, and was not, in fact, entered or filed until October 24th. The motion to dismiss was denied, as was also the motion to have the remittitur returned. As to the appeal, the court say that, all the questions raised are fully covered by the opinion in Sheridan v. Andrews (Mem. 80 1ST. T. 648).

John Andrews, appellant in person.

p. 651

Thomas M. Wheeler for respondent.

Miller, J., reads for denial of motion to dismiss appeal and for return of remittitur, and also for reversal of order of General Term, and affirmance of order of Special Term.

All concur.

Ordered accordingly.