Fortsmann v. Shulting

Decided October 25, 1887

New York Court of Appeals · decided 1887-10-25

This was a motion to dismiss the appeal herein on the ground that the time for appealing had expired when notice was served.

Cited by 1 later decisions — most recently June 1888

1 state decisions

Relies on Kelly v. . Sheehan

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-25

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¶1The following is the mem. handed down:

¶2“ The notice of the order and its entry did not show by indorsement or otherwise the office address or place of business of the attorney serving it, and was, therefore, ineffectual to limit the time of appeal. (Kelly v. Sheehan, 76 N. Y. 325 ; Bockes v. Hathorn, 78 id. 222.)

¶3“ The motion to dismiss the appeal should, therefore, be denied, but without costs.”

Per Curiam mem.

¶4for denial of motion.

¶5All concur.

¶6Motion denied.