Majority
p. 763Julius Forstmann et al., Resp’ts, v. Ruth A. Schulting, Adm’rx, etc., App’lt.[1] (Court of Appeals, Filed October 25, 1887.)
Headnote
Practice—Time to appear from order—Name of attorney must be INDORSED ON ORDER.The notice of an order and its entry which does not show by indorsement or otherwise the office address or place of business of the attorney serving it is ineffectual to limit the time of appeal.
p. 764
Motion to dismiss appeal on the ground that the time within which the appeal from an order could be made had expired.
Matthew Hale, for motion; N. C. Moak, opposed.
Memoranda.—The notice of the order and its entry did not show by indorsement or otherwise the office address or place of business of the attorney serving it, and was therefore ineffectual to limit the time of appeal. Kelly v. Sheehan, 76 N. Y., 325 ; Bockes v. Hathorn, 78 id., 222.
The motion to dismiss the appeal should therefore be denied, but without costs.