In re the Accounting of Fletcher

Appellate Division of the Supreme Court of New York

In re the Accounting of Fletcher

158 A.D. 916, 143 N.Y.S. 859

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

DecidedOctober 15, 1913

StatusPublished

This text of 158 A.D. 916 (In re the Accounting of Fletcher) 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 the Accounting of Fletcher, 158 A.D. 916, 143 N.Y.S. 859 (N.Y. Ct. App. 1913).

Pincite

Opinion

Per Curiam:

Ho undertaking having been given by appellant, the appeal was not effective under section 2577 of the Code of Civil Procedure. Appellant was also in default for failing to file or serve papers upon which appeal was based. The answer is that the attorneys were acting under the advice and direction of a Philadelphia lawyer, and motion was made before the surrogate to open the default. The surrogate has no authority over default in filing of papers on appeal to this court, and no excuse having been given for failure to file the printed papers on appeal the motion is granted. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.

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Per Curiam:

Ho undertaking having been given by appellant, the appeal was not effective under section 2577 of the Code of Civil Procedure. Appellant was also in default for failing to file or serve papers upon which appeal was based. The answer is that the attorneys were acting under the advice and direction of a Philadelphia lawyer, and motion was made before the surrogate to open the default. The surrogate has no authority over default in filing of papers on appeal to this court, and no excuse having been given for failure to file the printed papers on appeal the motion is granted. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.

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Bluebook (online)

158 A.D. 916, 143 N.Y.S. 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-fletcher-nyappdiv-1913.