Rogers v. Pell — 152 N.Y. 643

Majority

p. 643

Asa L. Rogers, as Assignee of The Rogers Manufacturing Company, Appellant, v. Charles E. Pell et al., Respondents.

Headnote

Reported below, 89 Hun, 159 .

(Argued March 15, 1897;

decided March 23, 1897.)

Motion to dismiss an aq>peal from a judgment of the General Term of the Supreme Court in the second judicial department, entered November 19, 1895, which dismissed plaintiff’s com

p. 644

plaint on exceptions ordered to "be heard in the first instance at General Terra.

The motion was made upon the ground that the appeal wras not perfected within one year after the entry of the judgment.

Cannon & Atwater for motion.

Stedman & Larkin opposed.

Motion denied, provided within ten days undertaking is served and appellant pays ten dollars costs, and, in default, motion granted.