Hollins v. Garrison

Appellate Division of the Supreme Court of New York

Hollins v. Garrison

117 N.Y.S. 1137

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 4, 1909

StatusPublished

This text of 117 N.Y.S. 1137 (Hollins v. Garrison) 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.

Bluebook

Hollins v. Garrison, 117 N.Y.S. 1137 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

We do not think the original exhibits should be taken from the custody of the plaintiffs, nor that they should be put to the expense of making copies. If the exhibits were actually, as well as constructively, in the possession of the court, the defendant would have to pay the expense of making copies. The plaintiffs should furnish the defendant reasonable opportunity to make copies of the exhibits, and it appears to be undisputed that that has been done. Inasmuch as the defendant’s time to serve the case on appeal has expired, and a reversal of the order will leave him in default, his time to serve the case on appeal may be extended until 10 days after the service of a copy of the order made on this appeal.

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PER CURIAM.

We do not think the original exhibits should be taken from the custody of the plaintiffs, nor that they should be put to the expense of making copies. If the exhibits were actually, as well as constructively, in the possession of the court, the defendant would have to pay the expense of making copies. The plaintiffs should furnish the defendant reasonable opportunity to make copies of the exhibits, and it appears to be undisputed that that has been done. Inasmuch as the defendant’s time to serve the case on appeal has expired, and a reversal of the order will leave him in default, his time to serve the case on appeal may be extended until 10 days after the service of a copy of the order made on this appeal.

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Bluebook (online)

117 N.Y.S. 1137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollins-v-garrison-nyappdiv-1909.