Hyperlawhypertext legal database Stanton v. Supreme Council of Catholic Mutual Benefit Ass'n 29 N.Y.S. 390

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Stanton v. Supreme Council of Catholic Mutual Benefit Ass'n

29 N.Y.S. 390 Court Buffalo Super. Ct. English

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p. 390
(8 Misc. Rep. 366.)
STANTON v. SUPREME COUNCIL OF CATHOLIC MUT. BEN. ASS’N.
(Superior Court of Buffalo, General Term.
May, 1894.)

Headnote

Case on Appeal—Remanding for Certificate.
Where a case on appeal is not certified as required by law, it will be sent back for a proper certificate.
Appeal from special term.
Action by Julia Stanton against the Supreme Council of the Catholic Mutual Benefit Association. From an order denying a motion for a stay of proceedings for nonpayment of the costs of a former action, defendant appeals.
Argued before HATCH and WHITE, JJ.
John J. Hynes, for appellant.
Thomas Sullivan, for respondent.

No certificate is attached to the appeal book showing that the notice of appeal and the papers presented to the court upon the motion contained therein are copies of such papers. This omission prevents a consideration of the order appealed from. Code Civ. Proc. § 1353; Lewisohn v. Niederwiesen, 40 Hun, 545 ; Guyon v. Rooney (Sup.) 6 N. Y. Supp. 99 . Case is therefore sent back for proper certificate.

Case returned for proper certificate.