Gurney v. Sharp

17 Abb. Pr. 410

Opinion

Brady, J.

The parties to this action, by their respective counsel, having attended to argue the appeal taken, on the case made, and no notice of any irregularity having been given, I think that the order denying a new trial at special term should be entered nunc pro tunc / but with the proviso that the appeal herein shall be argued when called at the present term, and that the plaintiff have $10 costs of this motion, to abide the event of the appeal;—the appeal to be heard upon the case, already served, so that no delay may take place.

Ordered accordingly.