Vandenbergh v. Mathews
Appellate Division of the Supreme Court of the State of New York
Ordered: That the motion be granted and. anneal dismissed, with costs, -including ten dollars costs of motion, unless the appellant. within ten days, pays the ten dollars costs of the motion and procures a written.stipulation from the respondents’ attorneys opening the defaults with reference to the case- and exceptions, or serves motion papers for an order opening such defaults for the earliesfc Special Term practicable, and thereafter proceeds with due diligence to have…
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Ordered: That the motion be granted and. anneal dismissed, with costs, -including ten dollars costs of motion, unless the appellant. within ten days, pays the ten dollars costs of the motion and procures a written.stipulation from the respondents’ attorneys opening the defaults with reference to the case- and exceptions, or serves motion papers for an order opening such defaults for the earliesfc Special Term practicable, and thereafter proceeds with due diligence to have the case settled, signed and filed.— Motion by the respondents to dismiss the appeal for a failure to file and serve…
1Opinion of the Court
Williams. J.:
It is provided by rule 41, among other things, that the appellant shall file and serve the printed papers within twenty days after the appeal is taken, or if a case or case and exceptions is necessary, within twenty days after the filing of such case or case and exceptions. While the appellant evidently desires to have a case and exceptions in the papers, he has, under the rules, abandoned the same. He served a proposed case and exceptions and the respondents served amendments thereto. The appellant failed to serve a notice of the settlement thereof, and by reason of such failure…
2Cases cited1 opinion
- Gamble v. LennonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Gordon v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1900
- Ward v. CouchAppellate Division of the Supreme Court of the State of New York · 1915