Brush v. Blot.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Westchester county. Action by Edward F. Brush against Arthur F. Blot. From a judgment for plaintiff, entered on a verdict, defendant appeals.
1Opinion of the CourtCullen, J.
Rule 35, General Rules of Practice, requires the appellant’s attorney to procure the case as settled to be signed by the judge; otherwise, the case is to be deemed abandoned. The *762record before us does not show that the case was ever settled or signed by the trial judge. As the respondent raises the objection, we are of opinion that the case cannot be considered on this appeal. But we think that the appeal cannot be dismissed for this reason, as intimated in Rothschild v. Railroad Co., 9 App. Div. 406, 41 N. Y. Supp. 293, for the appellant may appeal on the judgment roll alone, and, if any…
2Cases cited1 opinion
- Rothschild v. Rio Grande Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- McIlvaine v. SteinsonAppellate Division of the Supreme Court of the State of New York · 1903
- Sacks v. HookeyAppellate Terms of the Supreme Court of New York · 1907