New Trials And Appeals : Or, the Rules of Practice Applicable to the Review of Judicial Determinations in Civil Actions And in Special Proceedings Under the Code of Civil Procedure, With An Appendix of Forms

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{Kilmer v. Hathorn, 78 N. Y. 228.) In proceedings for draining lands, under the drainage acts, a notice of appeal from the decision of the County Court, affirm- ing a decision of the commissioners, need only be served upon the commissioners, the respondents before the County Court.
{Burkv. Ayers, 19 Hun, 17.) Service upon both the attorney for the adverse party and the clerk is essential (See Langdon v. Evans, 25 Hun, 652); but an omission to serve one of these, where the other is served season
...- ably and in good faith, may be supplied. (Code of Ciyil Pro., § 1303-) A notice of appeal from a Surrogate's Court must be served upon each party to the special proceeding other than the appel- lant, and upon the surrogate or the clerk of the Siirrogate's.
Notice of Appeal. 183 How served, Court. ( Code of Civil Pro. § 2574.) The question as to the proper parties to the appeal has been already considered. (See ante, p. 142.) On an appeal from a judgment of a justice of the peace the notice must be served upon the justice by whom the judgment was rendered and upon the respondent.


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