Morris v. Brokab Corp.

Byrnes, Cb. J.

Defendant moves for leave to file a surety company undertaking on appeal nunc pro tunc. The essential question on this motion is whether the court has the power to grant the motion, the plaintiff contending that it does not have such power and the defendant urging that it does. It seems clear to me that this court has such power. Section 107 of the Civil Practice Act provides in part: ‘ ‘ Where an appellant, seasonably and in good faith,' serves a notice of appeal * * * but omits, through mistake, inadvertence or excusable neglect * * * to do any other act necessary to perfect…