Balch v. Fink
New York Supreme Court
Motion by plaintiffs-respondents to dismiss an appeal to the Appellate -Division upon the ground that the defendants-appellants have served an insufficient case.
1Opinion of the CourtDeAngelis, J.
The attorneys for the appellants served upon the attorney for the respondents on the 30th day of September, 1915, a proposed case containing a large portion of the evidence and such as was proposed appeared by question and answer. The attorney for the respondents retained such proposed case until the fourteenth day of October and then attempted to return the same to the attorneys for the appellants upon the alleged ground that the same failed to comply with general rule 34 in that it did not contain all the evidence by question and answer, the rnlings of the court and the exceptions of all…
2Cited by1 opinion
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