Saffold v. Fellows

Feely, S.

Against this motion'for leave to issue execution it is urged that a stay had been previously effected by appeal. The respondent’s attorneys state that no copy of an undertaking on appeal with notice of filing (Civ. Prac. Act, § 565) was ever served upon them. In reply, the appellant’s counsel produced, and exhibited to counsel and to this court, a sealed envelope, said to contain the undertaking and notice. This envelope bears sufficient postage stamps for carriage and registration thereof. It has imprinted in its upper left-hand corner the name and office address *423of appellant’s…