In re Hogan

Appellate Division of the Supreme Court of New York

In re Hogan

78 N.Y.S. 1119

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

DecidedSeptember 30, 1902

StatusPublished

This text of 78 N.Y.S. 1119 (In re Hogan) 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

In re Hogan, 78 N.Y.S. 1119 (N.Y. Ct. App. 1902).

Pincite

Opinion

PER CURIAM.

Motion to dismiss appeal for failure to file undertaking granted, with ij>10 costs, unless within 10 days the appellants give, and cause to be filed and served, an undertaking, pursuant to section 2577, Code Civ. Proc., and pay $10 costs of this motion, in which event the motion is denied. If the appellants desire [1120]*1120to stay the execution of the decree, they must, in addition to the required undertaking, give that prescribed by section 2578. Motion to dismiss appeals, upon the ground that the notices were not served in time, denied. Only one appeal can be heard; but, inasmuch as there is a dispute as to when the decision of the surrogate was signed and entered, the court will allow both notices to stand to meet any contingency which may arise.

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PER CURIAM.

Motion to dismiss appeal for failure to file undertaking granted, with ij>10 costs, unless within 10 days the appellants give, and cause to be filed and served, an undertaking, pursuant to section 2577, Code Civ. Proc., and pay $10 costs of this motion, in which event the motion is denied. If the appellants desire [1120]*1120to stay the execution of the decree, they must, in addition to the required undertaking, give that prescribed by section 2578. Motion to dismiss appeals, upon the ground that the notices were not served in time, denied. Only one appeal can be heard; but, inasmuch as there is a dispute as to when the decision of the surrogate was signed and entered, the court will allow both notices to stand to meet any contingency which may arise.

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Bluebook (online)

78 N.Y.S. 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hogan-nyappdiv-1902.