Yorks v. Peck

17 How. Pr. 192
New York Supreme Court·Decided March 15, 1859·Published·Cited by 2 cases

Opinion

By the court—Johnson, Justice.

The tenth rule requires the attorney, on every process or paper to- be served, not only to subscribe his name, but to add thereto his place of business. The paper served was a memorandum and not a notice, as it was not subscribed by the attorney or party. Where a party undertakes to limit the time for appealing, he must serve such a notice as the rules and practice require. He should be held to strict practice in such cases.

Motion denied with costs.

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Yorks v. Peck, 17 How. Pr. 192 (N.Y. Super. Ct. 1859).

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