Wieselthier v. Lafayette Insurance

New York Court of Appeals

Wieselthier v. Lafayette Insurance

192 N.E. 416, 265 N.Y. 291, 1934 N.Y. LEXIS 1031

DecidedOctober 9, 1934

StatusPublished

This text of 192 N.E. 416 (Wieselthier v. Lafayette Insurance) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wieselthier v. Lafayette Insurance, 192 N.E. 416, 265 N.Y. 291, 1934 N.Y. LEXIS 1031 (N.Y. 1934).

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Opinion

Per Curiam.

The court has no power to dispense with an undertaking where a constitutional question is involved. (Civ. Pr. Act, § 593.) The application should be made to the Appellate Division or to a judge of this *292 court. The application having been submitted to Chief Judge Pound, he denies the application on the ground that no constitutional question is involved.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serves and files an undertaking and pays ten dollars costs within ten days, in which event the motion is denied.

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Per Curiam.

The court has no power to dispense with an undertaking where a constitutional question is involved. (Civ. Pr. Act, § 593.) The application should be made to the Appellate Division or to a judge of this *292 court. The application having been submitted to Chief Judge Pound, he denies the application on the ground that no constitutional question is involved.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless appellant serves and files an undertaking and pays ten dollars costs within ten days, in which event the motion is denied.

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Bluebook (online)

192 N.E. 416, 265 N.Y. 291, 1934 N.Y. LEXIS 1031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wieselthier-v-lafayette-insurance-ny-1934.