Harrison Bros. v. Excelsior Bag & Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Excelsior Bag and Manufacturing Company, from an order of the County Court of Albany county, entered in the office of the clerk of said county on the 28th day of March, 1917, dismissing the defendant’s appeal from the City Court of Watervliet to the County Court and denying defendant’s application for permission to file an undertaking nunc pro tunc to perfect the appeal and for a new trial.
1Opinion of the Court
Kellogg, P. J.:
The notice of appeal demands a new trial in the County Court. In the absence of an undertaking necessary to perfect an appeal for a new trial, the appeal stands as one upon questions of law only, and it was error to dismiss it, and the *791order in that respect must be reversed. (Doughty v. Picott, 105 App. Div. 339.) The defendant had the legal right to appeal for a new trial. Its affidavits show that it intended to file the undertaking in due time, and that the failure to file it was due to the neglect of its attorney. It has given a reasonable excuse for its default, and should…
2Cases cited2 opinions
- Paddack v. BarnettNew York Supreme Court · 1895
- Doughty v. PicottAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Brown v. Gladstone, New York County Courts1942
- M. C. French & Son v. Stanley TrusevitzAppellate Division of the Supreme Court of the State of New York · 1967
- Rosenbaum v. WolffAppellate Division of the Supreme Court of the State of New York · 1946