Petersen v. Frye

This is an action of contract by a real estate broker to recover a commission. The District Court judge found for the defendant, but the Appellate Division vacated that finding and ordered the entry of a finding for the plaintiff. The “finding, decision and order” of the Appellate Division was filed with the clerk of the District Court on June 27, 1946. On July 5 the defendant appealed. On July 13 the defendant filed an, “order for preparation of estimate of cost of appeal,” the body of which read, “Now comes the defendant in the above entitled action and orders *728an estimate of the cost of…