Davis v. Reflex Camera Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Reflex Camera Company, from an order of the City Court of Yonkers, entered in the office of the clerk of said court on the 30th day of June, 1904, denying the defendant’s motion to resettle an order theretofore entered in said clerk’s office disapproving an undertaking on appeal.
1Opinion of the Court
Per Curiam :
Clearly, the defendant is entitled to a full recital of all papers used or read on the motion. (Farmers’ National Bank v. Underwood, 12 App. Div. 269.) We think, however, that the recital in the present order is sufficient to show that the court was moved to disapprove the undertaking on the ground' that the surety Holst did not subscribe his true name to it, and that the court read and filed such alleged defective undertaking and the deposition of the said surety on the undertaking. So far as the appellant seeks to have the order amended by stating the specific ground of the…
2Cases cited2 opinions
- Farmers' National Bank v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1896
- Hall v. GilmanAppellate Division of the Supreme Court of the State of New York · 1903