New York Supreme Court, 1863

White v. Klinken

White v. Klinken
New York Supreme Court · Decided May 15, 1863 · Orally, Sutherland
16 Abb. Pr. 109

Counsel

Gideon L. Walker, for the motion.., Nelson Smith, opposed.

White v. Klinken

Opinion of the Court

By the Court.*—Sutherland, P. J. (orally).

We 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.

Present, Sutherland, P. J., Barnard and Ceerke, JJ,

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