Gamble v. Lennon
Appellate Division of the Supreme Court of the State of New York
• Action by Annie Gamble, as administratrix, etc., against William F. Lennon. There was a judgment for plaintiff, and defendant appeals. Dismissed.
1Opinion of the Court
PER CURIAM,
The defendant was in default for failure to file the printed case at the July term, and a motion to dismiss the appeal heard at that term was denied upon condition that the printed case be filed and served by the 31st day of August. This was done as a matter of favor to the appellant, although he was then in default, and strictly the plaintiff was entitled to have the appeal dismissed. At that time it appeared that the appellant, although in default, had made no effort to procure an extension of his time to file and serve the printed case, which he might easily have done under the…
2Cited by2 opinions
- Hettrick v. BrowerAppellate Division of the Supreme Court of the State of New York · 1897
- Thomas v. LennonAppellate Division of the Supreme Court of the State of New York · 1896