Sacks v. Hookey

The appeal herein having been reached for argument, the respondent raises the point that the printed case has never been settled or signed by the justice before whom the action was tried. An examination of the record shows this to be true. “A case on appeal must be ‘ settled and signed ’ by the trial judge. A stipulation that it is a copy of the record filed does not cure the defect. The certificate must state that the case contains all the evidence.” Code Civ. Pro., § 997; Gregory v. Clark, 53 App. Div. 74. The case must, therefore, be sent to the lower court for amendment. Brush v. Blot, 11…