Williams v. White
| Decision Date | 29 June 1922 |
| Citation | 117 A. 615 |
| Parties | WILLIAMS v. WHITE. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Appeal from Supreme Court.
Action by William H. Williams against Hyman White. Judgment for plaintiff, and defendant appeals. On motion to dismiss appeal for want of prosecution. Appeal dismissed.
Isadore A. Sisselman, of Elizabeth, for appellant.
J. A. Kiernan, of Elizabeth, for respondent.
WALKER, Ch. The plaintiff brought an action in the district court of the city of Elizabeth against the defendant on contract, and had judgment, from which the defendant appealed to the Supreme Court, where the judgment was affirmed April 6, 1922. On April 20, 1922, the defendant filed a notice and grounds of appeal to this court, but has taken no step to prosecute the appeal. Rules 12, 13, 17, 19, 19a, and 20 of this court provide: (12) That all causes, whether on appeal or writ of error, may be brought on and heard upon 20 days' notice thereof in writing, and filing a copy in the clerk's office at least 10 days previous to the first day of the term; (13) that all causes shall be noticed for hearing on the first day of the term if at issue long enough to admit of such notice; (17) that the appellant or plaintiff in error shall notice the cause for argument, serve the state of the case, and bring on the hearing according to law, and, if he fails so to do the order, decree or judgment below shall be affirmed, or the appeal or writ of error shall be dismissed, as the court shall direct; (19 and 19a) that the appellant or plaintiff in error shall provide a printed state of the case, etc., three copies of which shall be furnished to each adverse party at least 20 days before the time noticed for argument, etc.; (20) that at least 15 days before the cause is moved the attorney or solicitor of the moving party shall serve upon the attorney or solicitor of the adverse party three printed copies of the points (brief) on which he means to rely, with a citation of the authorities to be used in the argument.
Now, between April 20, 1922, the date of filing the notice of appeal, and June 20, 1922, the day of the opening of the then next term of this court (the present June term, 1922), 61 days elapsed. Rule 13, as seen, required that the cause should be noticed for the first day of this term, 20 days' notice being required. Such notice should have been given not later than May 31, 1922, which was 41 days after the appeal was taken. At the same time appellant was obliged to serve his adversary with three copies of the state of the case, and had the same number of days, namely, 41, within which to prepare and serve it—ample time. Not having prepared and served the printed state of the case, and not having given notice of hearing, he, of course, was not in position to serve his points (brief) 15 days before the hearing, and did not do so. In this situation counsel for the respondent...
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Plainfield-Union Water Co., Application of
...question of jurisdiction. The filing of the notice of appeal invokes the jurisdiction of the appellate tribunal. Williams v. White, 98 N.J.L. 140, 117 A. 615 (E. & A. 1922). The rules of court provide for the taking of an appeal by notice served and filed as therein specified. R.R. 1:2--8; ......
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Pfizer's Estate, In re
...because the appeal was only required to proceed in accordance with the rules and practice in the Appellate Court. Williams v. White, 98 N.J.L. 140, 117 A. 615 (E. & A. 1922); Feldstein v. Employers' Liability, etc., 112 N.J.L. 485, 171 A. 789 (E. & A. 1934); Ross v. C. D. Mallory Corp., 132......
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Ross v. C. D. Mallory Corp...
...serving and filing of the notice of appeal. Feldstein v. Employees' Liability Assur. Corp., 112 N.J.L. 485, 171 A. 789; Williams v. White, 98 N.J.L. 140, 117 A. 615. On the question of the right of the inferior court, pending the appeal, to amend the record to show the true history of the p......
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Dickson v. Scott
... ... Von de Place v. Weller, 64 N. J. Law, 155, 44 A. 874, since followed by Williams v. Minsavich, 129 A. 410, 3 N. J. Misc. 565, and cases cited ... The files of this court show that nothing further was done to ... White, 98 N. J. Law, 1 10. at page 142, 117 A. 615, that it was the filing and the service of the appeal which invokes the jurisdiction of the appellate ... ...