Pakas v. Hurley

The respondent herein returned to the appellant his proposed amendments to the return upon appeal herein upon the ¡ground that the time to file the return had expired, and he also returned the appellant’s notice of settlement of the case upon the same ground. Upon the day named in the notice of settlement served upon the respondent the appellant appeared before the justice and the case was settled and subsequently filed in the Appellate Term; the respondent not appearing upon such settlement. This motion is now made for an order sending the return to the lower court for the purpose of…