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Kelly v. . Sheehan

76 N.Y. 325, 1879 N.Y. LEXIS 501
CourtNew York Court of Appeals
DecidedMarch 18, 1879
StatusPublished
Cited by33 cases

This text of 76 N.Y. 325 (Kelly v. . Sheehan) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. . Sheehan, 76 N.Y. 325, 1879 N.Y. LEXIS 501 (N.Y. 1879).

Opinion

Per Curiam.

If the notice of entry of judgment in this case was regular, the notice of appeal was served on the defendant’s attorney, one day too late, and the appeal was properly dismissed. But the appellant takes the point that the notice of entry of judgment was irregular and void, because it was not indorsed, or subscribed with the name of the defendant’s attorney and his office address, or place of business, as required by Rule 2 of the general rules of practice. We think the point well taken.

*326 There being no power in the court to relieve a party who fails to take, an appeal in clue time, however meritorious his excuse, the party undertaking to limit the time is held to strict practice.

The order of the General Term should be reversed, with costs.

All concur, except Folger, J., absent at argument.

Order reversed.

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Bluebook (online)
76 N.Y. 325, 1879 N.Y. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-sheehan-ny-1879.