Feigenspan v. O'Brien
This text of 61 N.Y.S. 1133 (Feigenspan v. O'Brien) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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61 N.Y.S. 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feigenspan-v-obrien-nyappdiv-1899.