Beinhauer v. Gleason — 9 N.Y. St. Rep. 91

Majority

p. 91

Alfred Beinhauer, App’lt, v. Amelia A. Gleason, Resp’t.

(Supreme Court, General Term, First Department,

Filed May 13, 1887.)

Headnote

Judgment—Appeal—When time begins to run.

The time to appeal does not run until the service of a copy of the completed judgment. To make a complete judgment the costs must he taxed and entered at the foot of the decree, or notice of waiver of costs must be served with the decree.

Appeal from order denying motion to vacate ex parte ■arder, etc.

P. L. Wilson, for app’lt; W. Sutphen, for resp’t.

The case of Thurber v. Chambers ( 60 N. Y., 29 ), determined that a judgment is not complete until the costs are taxed and entered at the foot of the decree; and consequently the time to appeal did not run until the service of a copy of that decree as provided by the act after it is complete.

If the party desired to avail himself of the judgment and to make it necessary that the notice of appeal should be served within thirty days after the entry, he should have served notice of waiver of costs, with service of a copy of the decree as it then stood.

• The order should be affirmed with ten dollars costs and disbursements.