Zucker v. Blumenthal

The appellant on May 3, 1899, served what he calls a proposed case on appeal, which consists of nothing more than a statement that the judgment roll, order denying motion for new trial, notice of appeal, and exhibits are to be inserted, followed by these words: “In order that the appellant’s rights may be properly protected upon the appeal herein, I hereby order that the stenographer’s minutes be printed in hsec verba. H. Y., May 19,1899. -, Justice H. Y. Supreme Court.” The appellant evidently supposed that the trial court would complete the case by signing the order proposed. The…