Appellate Division of the Supreme Court of New York, 1899

Feigenspan v. O'Brien

Feigenspan v. O'Brien
Appellate Division of the Supreme Court of New York · Decided December 12, 1899
61 N.Y.S. 1133 (New York Supplement)
Feigenspan v. O'Brien

Opinion of the Court

PER CURIAM.

Under section 3049 of the Code of Civil Procedure, there is ample power in this court to allow an appellant to perfect a defective appeal. See Thorn v. Roods, 47 Hun, 433; McCarthy v. Crowley (Sup.) 5 N. Y. Supp. 675. The decisions to the contrary were before the enactment of this code provision. Application granted, on appellant paying the requisite costs within three days.

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