Wilson v. . Palmer

75 N.Y. 250, 1878 N.Y. LEXIS 855

• Court: New York Court of Appeals
• Decided: November 26, 1878
• Status: Published

Opinion

Per Curiam.

The only judgment entered in this action after the decision of the General Term was entered August 3, 1877, and notice thereof was given on the same day. That was a judgment of affirmance and for $96.99 costs. The notice of appeal and the undertaking describe that judgment, and no other. Ho other judgment was ever entered, and it does not appear that that judgment was ever canceled, or actually modified. It is true that the taxation of costs was corrected, by order of August 30, 1877, granted on motion for re-taxation by striking out the small sum of $1.25. The undertaking oil appeal was not filed or served until August 30, 1878. As the appeal was confessedly not perfected within one year from August third, it was too late. Ho other notice to limit the time of the appeal was needful. There is but one appeal, and that is from the judgment entered August third, and that must be dismissed, with costs.

All concur.

Appeal dismissed.