Nelson v. . Tenney
New York Court of Appeals
Motion to dismiss appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1886, which affirmed a judgment in favor of plaintiff, entered upon trial at Special Term, and to strike cause from calendar on the ground that the appeal has never been perfected. No undertaking was filed or served with the notice .of appeal.
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Motion to dismiss appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1886, which affirmed a judgment in favor of plaintiff, entered upon trial at Special Term, and to strike cause from calendar on the ground that the appeal has never been perfected. No undertaking was filed or served with the notice .of appeal. The Supreme Court, on motion, granted an order allowing the appellant to perfect his appeal by giving an undertaking.
1Opinion of the Court
Agree to grant motion on ground that the Supreme Court had no power to grant an order allowing the appellant to perfect his appeal by filing an undertaking, and no reason is shown to tMs court excusing the delay.
All concur.
Motion granted.
2Cited by4 opinions
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Morris v. Brokab Corp.City of New York Municipal Court · 1948
- In re Cunnion's WillAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Probate of the Last Will & Testament of CunnionAppellate Division of the Supreme Court of the State of New York · 1910