Hyperlawhypertext legal database Weberlowsky v. Raps 73 N.Y.S. 1150

← Cases

Weberlowsky v. Raps

73 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1901-11-29 English

Contents

Majority

p. 1150
WEBERLOWSKY, Appellant, v. RAPS, Respondent.
(Supreme Court, Appellate Division, Second Department.
November 29, 1901.)

Headnote

Action by Jacob H. Weberlowsky against Ilirsch Raps. See 72 N. Y. Supp. 1134 . Max 1-Iallheimer, for appellant Abraham B. Schleimer, for respondent

As the so-called return in this case is unsigned, it is virtually no return at all, and an order must be made directing the justice to file a return, under section 3055 of the Code of Civil Procedure. As the neglect to procure a proper return seems to be the fault of the appellant, such order will only be made upon stipulation by the appellant to argue the case at the January term.