Taylor v. Allen
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Gilbert P. Taylor against Rowland A. Allen. From a judgment for plaintiff, defendant appeals. On motion to dismiss appeal. Denied on condition.
1Per curiam
This is a motion made to dismiss an appeal from a judgment of the Municipal Court for failure to file the return. It seems that the appellant has used due diligence to procure the stenographer’s minutes of the trial, but has been unable to do so. This court has been made aware, by affidavits filed in several other cases, that the stenographer who took the testimony at the trial is ill, and now unable to transcribe the minutes, or even to dictate from his notes. The ap*700pellant ought not to be compelled to suffer a dismissal of his appeal for causes beyond his control. It may be impossible ever…
2Cases cited3 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Lazarus v. BoyntonAppellate Terms of the Supreme Court of New York · 1904
- Jenkins v. BishopAppellate Division of the Supreme Court of the State of New York · 1909