New York Supreme Court, 1859

Yorks v. Peck

Yorks v. Peck
New York Supreme Court · Decided March 15, 1859 · Johnson
17 How. Pr. 192

Counsel

H. J. Wood, for plaintiff.., Amos Dann, for defendant.

Yorks v. Peck

Opinion of the Court

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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