Zinsser v. Seiler

Citations

• 7 Daly 464

Syllabus

<p>Where notice of appeal from a judgment of a District Court in the city of New York has been seasonably served on the justice, but no notice of appeal has been served on the adverse party, this court has power (under § 327 of the [old] Code of Procedure), after the time to appeal has expired, to allow an amendment to perfect the appeal by serving the notice of appeal on the adverse party.</p> <p>The decision of this court in Williams v. Tradesmen Insurance Co. (1 Daly, 322), upon that point followed, and Moi-ris v. Morange (17 Abb. Pr. 86) disapproved, and People v. JSldridge (7 How. Pr. 108), Sherman v. Wells (14 How. Pr. 522), Bryant v. Bryant (4 Abb. Pr. N. S. 138), held not to have directly decided the question.</p>