Crawford v. Price — 22 N.Y.S. 644

Majority

p. 644

CRAWFORD v. PRICE.

(Supreme Court, General Term, First Department.

March 17, 1893.)

Headnote

Appeal—Striking Cause from Calendar—Uncertified Case.

Where a case on appeal to the general term has not been certified, and the papers do not show that the parties have stipulated in writing that the papers are copies of the judgment roll and case, the appeal will be stricken from the calendar.

Appeal from special term, New York county.

Action by James Crawford; as sole trustee and executor of the will of Margaret C. Blixen, against Alfred B. Price, to recover moneys collected by defendant, as decedent’s legal adviser, for sales of her property and for rents. From a judgment dismissing the complaint, plaintiff appeals. Cause stricken from calendar.

Argued before VAN BRUNT, P.- J., and O’BRIEN and FOLLETT, JJ.

Edward W. Brenen, (Riley & Miner, of counsel,) for appellant.

Austin E. Pressinger, for respondent.

It appearing that the case has not been certified, and the papers not showing that the parties have stipulated in writing that the papers are copies of the judgment roll and case, this appeal was improperly upon the calendar, and should be stricken therefrom.