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7 How. Pr. 197

Wells v. Danforth

New York Court of Appeals

Decided September 15, 1852

New York Court of Appeals · decided 1852-09-15

The order for final judgment in the Supreme Court in this case was entered in May 1849; but the judgment was not perfected (docketed) until the 4th of December 1849. An appeal was taken and notice served by the appellant on the 3d December 1851. The respondent moved to dismiss the appeal, on the ground that more than two years had elapsed from the time of the entry of the order for final judgment in the Supreme Court, before the appeal was brought.

Decided 1852-09-15

¶1*198.The court granted the motion to dismiss the appeal on the ground that it had not been brought within two years from the entry of the order for final judgment in the Supreme Court.

¶2There were some terms, by way of costs, imposed upon the respondent, on granting this motion, having relation to a former motion to dismiss the appeal on other grounds.

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