Martin v. Martin

Appellate Division of the Supreme Court of New York

Martin v. Martin

68 N.Y.S. 1143

Procedural entryThis page is a short order in Martin v. Martin. Read the opinion of the Court — 46 A.D. 445 →

Appellate Division of the Supreme Court of the State of New York·Decided January 22, 1901·Published

Opinion

PER CURIAM.

Motion to amend order, by inserting therein a recital to the effect that the reversal was upon the law and the facts, granted, upon condition that the respondent would pay all the appellant’s costs in the court of appeals before argument, and disbursements incurred since and including the appeal to the court of appeals, provided the appellant elects, within 10 days, to withdraw his appeal; and if the respondent, in case of such election, refuses to pay such costs and disbursements within 1Ó days after notice of the taxation of the same, then said motion is denied, with $10 costs. See 62 N. Y. Supp. 1142.

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PER CURIAM.

Motion to amend order, by inserting therein a recital to the effect that the reversal was upon the law and the facts, granted, upon condition that the respondent would pay all the appellant’s costs in the court of appeals before argument, and disbursements incurred since and including the appeal to the court of appeals, provided the appellant elects, within 10 days, to withdraw his appeal; and if the respondent, in case of such election, refuses to pay such costs and disbursements within 1Ó days after notice of the taxation of the same, then said motion is denied, with $10 costs. See 62 N. Y. Supp. 1142.

Martin v. Martin, 68 N.Y.S. 1143 (N.Y. Ct. App. 1901).

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