Streat v. Vermilya

This case is here under Court Rule No. 60, §§ 4, 5 (1933), which provide:

"Sec. 4. On showing of emergency, of appellant’s due diligence, and of the character of injury to him through observance of the above practice on application for leave to appeal, application may be made on ex parte statement of fact, showing of merit, and on proof of such notice to other parties as the circumstances permit, or excuse for lack of notice; and immediate consideration of the application may be prayed.

‘ ‘ Sec. 5. Upon such application the court, in lieu of leave to appeal, may in its discretion order issuance…