Majority
p. 72Leinshon v. Niederwiesen (Supreme Court, First Department, General Term, June, 1886.)
Headnote
Appeal—Code of Civil Procedure, § 1353—Necessary certification on appeal.The general term will not consider any case on appeal, unless the same is certified as required by section 1353 of the Code of Civil Procedure.
p. 73
J. E. Memberger, for appellant.
Ira Leo Bambwrger, for respondent.
TMs case was submitted, and the first point taken by the respondent is, that the appeal book has not been certified as required by section 1353 of the Code of Civil Procedure. This objection we regard as valid, and the effect of it is to prevent the consideration of the case.
We refrain from any consideration of the merits, and send the case back to be properly certified. The observance of the duty imposed by section 1353 is regarded as extremely important. The object of the section is undoubtedly for the purpose' of securing the presentation to the appellate court of the entire proceedings sought to be reviewed.
Case sent back to be properly certified.