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Manhattan Fire Insurance v. Fox

176 N.Y. 553 Court N.Y. Decision date 1903-10-13 English

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p. 553
Manhattan Fire Insurance Company et al., Appellants, v. Joseph Fox et al., Respondents.

Headnote

Manhattan Fire Ins. Co. v. Fox, 74 App. Div. 371 , appeal dismissed.
(Argued October 5, 1903;
decided October 13, 1903.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial
p. 554
department, entered July 23, 1902, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.
The motion was made upon the ground that the undertaking required to perfect the appeal had not been tiled.
William II. Slain for motion.
George M. Fannin opposed.

Motion granted and appeal dismissed, with costs, unless within ten days after service of copy of order the appellants perfect an appeal by filing a proper undertaking and pay ten dollars costs.

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