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Same v. Same

15 N.Y. Super. Ct. 684 2 Bosw. 684 Court N.Y. Super. Ct. Decision date 1858-06-26 English

Delivered by *685 Opinion of the Court by Woodruff, J.

Contents

Majority

p. 684
The Same, (Respondent,) v. The Same, (Appellant.)

Headnote

That an actual written notice of an order or judgment, by act of the prevaling party served upon the adverse party, is necessary to limit the time for appealing.
That knowledge, otherwise acquired by the adverse party, will not operate to limit his time to appeal, and other points arising on motion to dismiss appeal.
(Before Bosworth, Hoffman, Slosson, Woodruff, and Pierrepont, J. J.)
Heard June, 19;
decided June 26,1858.

See the points decided in the index to this volume under the title “ Practice—Appeal.”

And see the Motion and Opinion reported at length in 16 How. Pr. R. 402-406; 7 Abbott, 352.