¶1 Agree to grant motion on ground that the Supreme Court had no power to grant an order allowing the appellant to perfect his appeal by filing an undertaking, and no reason is shown to tMs court excusing the delay.
¶2 All concur.
¶3 Motion granted.
68 Sickels 616
20 N.E 875
Nelson v. . Tenney
Decided March 12, 1889
New York Court of Appeals · decided 1889-03-12
Motion to dismiss appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1886, which affirmed a judgment in favor of plaintiff, entered upon trial at Special Term, and to strike cause from calendar on the ground that the appeal has never been perfected. No undertaking was filed or served with the notice .of appeal.
Cited by 5 later decisions — most recently October 1948
5 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1889-03-12
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