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99 A.D. 567

Davis v. Reflex Camera Co.

Appellate Division of the Supreme Court of the State of New York · decided 1904-07-01

Appeal by the defendant, The Reflex Camera Company, from an order of the City Court of Yonkers, entered in the office of the clerk of said court on the 30th day of June, 1904, denying the defendant’s motion to resettle an order theretofore entered in said clerk’s office disapproving an undertaking on appeal.

Decided 1904-07-01

Per Curiam :

¶1Clearly, the defendant is entitled to a full recital of all papers used or read on the motion. (Farmers’ National Bank v. Underwood, 12 App. Div. 269.) We think, however, that the recital in the present order is sufficient to show that the court was moved to disapprove the undertaking on the ground' that the surety Holst did not subscribe his true name to it, and that the court read and filed such alleged defective undertaking and the deposition of the said surety on the undertaking. So far as the appellant seeks to have the order amended by stating the specific ground of the disapproval, it cannot prevail, for that, in effect, would be to direct the decision on that .particular ground. (Hall v. Gilman, 87 App. Div. 248.)

¶2The appeal should be dismissed, with ten dollars costs and disbursements.

¶3All concurred.

¶4Appeal dismissed, with ten dollars costs and disbursements.

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