McMahon v. Myers
New York Supreme Court
Action by Stephen A. McMahon against Saul S. Myers and others. Motion by defendant Joseph E. Simon for an extension of time within which to file the record on appeal.
1Opinion of the CourtGiegerich, J.
The defendant Simon asks for an order extending his time 20 days to file the record on an appeal which he has* taken from an order overruling his demurrer to the complaint. He asks for such extension upon the ground that there is a previous appeal now pending which he took from an order denying his motion to dismiss the complaint on the ground that the plaintiff had not given security for costs as required by the provisions of the order of the court. One reason assigned why such an extension should be granted is the belief of the moving party that the order refusing to dismiss the complaint…
2Cases cited1 opinion
- Cullen v. William E. Uptegrove & Bros.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- MaCmahon v. MyersAppellate Division of the Supreme Court of the State of New York · 1908