Appellate Division of the Supreme Court of New York, 1897

Wetter v. Erichs

Appellate Division of the Supreme Court of New York · Decided October 15, 1897

21 A.D. 475; 47 N.Y.S. 688

Counsel

C. C. Nadal, for the motion., August P. Wagener, opposed., Louis Steckler, for the motion., Franklin Bien, opposed., Strong & Cadwalader, for the motion., John H. Fargis, opposed., Hotchkiss & Maddox, for the motion., J. Edward Ackley, opposed., James P. Niemann, for the motion., Thomas McAdam, opposed.

Opinion of the Court

Per Curiam :

This court, as long ago as October, 1896, when the case of Gamble v. Lennon (9 App. Div. 407) was decided, declared that ■ where parties desired extensions for the purpose of serving their papers upon appeal, applications therefor must be made to the court below,, and that such applications would not be ■ entertained by the Appellate Division.

The appellants in the above-entitled motions having made no attempt to get tlieir time to serve their papers extended, or to have their defaults opened, their appeals must be dismissed, with.ten dollars costs in each case.

Present—Van Brunt, P. J., Barrett, Rumsey, Williams and Patterson, JJ.

Motions granted, with ten dollars costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.