Hunter Waist Co. v. Rothman

This is a motion made by the plaintiff for an order directing the clerk of the Municipal Court to file a notice of appeal nunc pro turne as of January 24, 1920.

It appears that on January 21, 1920, the defendant obtained a judgment in that court against the plaintiff. The plaintiff’s attorney alleges that on January 24, 1920, he “ personally mailed a notice of appeal in this action, together with the sum of $2.00 the filing fee. ’ ’ This letter he swears was addressed to the clerk of the court and he “ presumed that it had arrived there.” On February 16,1920, several days after the time in…