Keller v. Straus

Appellate Terms of the Supreme Court of New York

Keller v. Straus

34 Misc. 194, 68 N.Y.S. 777

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1901

StatusPublished

Cited by1 cases

This text of 34 Misc. 194 (Keller v. Straus) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keller v. Straus, 34 Misc. 194, 68 N.Y.S. 777 (N.Y. Ct. App. 1901).

Pincite

Opinion

O’Gorman, J.

The time within which an appeal may be taken from a judgment in the Municipal Court begins to run, not from the date of the rendition of the judgment, but from the date of the entry thereof in the clerk’s office. Fuchs v. Pohlman, 2 Daly, 210; Jennings v. Miller, 10 Misc. Rep. 763; Dalton v. Loughlin, 4 Abb. N. C. 187.

By section 1409 of Consolidation Act (Laws 1882, chap. 410), the clerks of this court must keep a docket in which judgments are entered, and it is this record in the clerk’s office which enables a litigant to ascertain when a judgment is entered and when the time in which to appeal therefrom will expire. A ques[195]*195tion having arisen as to when the judgment in this case was entered, the return will he sent hack for correction so that the date of entry may be inserted.

Andrews, P. J., and Blanchard, JJ., concur.

Return sent back for correction.

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