16 Abb. Pr. 109
Decided May 15, 1863
New York Supreme Court · decided 1863-05-15
Motion to dismiss an appeal. This was an action for slander, brought by David White against Tempke H. Klinken. At the trial, the jury found a verdict for plaintiff for fifty dollars. The court allowed the defendant thirty days to make a case, and ordered that all plaintiff’s proceedings be stayed in the mean time, except that he be at liberty to enter judgment. Judgment was entered February 5,1863, and on the following day the plaintiff served notice of the entry of judgment.
Good law ✅— No negative treatment on recordhow we know
Decided 1863-05-15
Cited by 5 later decisions — most recently June 1909
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1We are all of opinion that the order staying the plaintiff’s proceedings prevented the giving notice of the judgment, and that such notice was a nullity. The defendant’s time to appeal has not been limited, and the motion to dismiss must be denied, but without costs.
¶2 Present, Sutherland, P. J., Barnard and Ceerke, JJ,