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Hydrogen Co. of the United States v. Bentley

21 N.Y. St. Rep. 247 Court N.Y. Gen. Term Decision date 1889-01-28 English

Delivered by Bartlett, J.

Contents

Majority

p. 247
Hydrogen Company of the United States, Resp’t, v. Henry G. Bentley, App’lt.
(Supreme Court, General Term, First Department,
Filed January 28, 1889.)

Headnote

Practice—Appeal.
Where an order appealed from contains a recital that it is made upon “ the accompanying affidavit ” and upon the pleadings, the affidavit must he printed in the appeal papers, otherwise the order will be affirmed.
Appeal from order directing defendant to furnish a bill of particulars of certain matters alleged by way of counterclaim.
Appleton D. Palmer, for app’lt; William H. Arnoux, for xesp’t.

The order appealed from contains a recital to the effect that it is made upon “the accompanying affidavit ” and upon the pleadings herein. No such affidavit is printed in the appeal papers. The facts, therefore, upon which the court below acted in making the order of which the appellant complains, are not before us ; and without a knowledge of those facts, we cannot say that the order is wrong. It should, therefore, be affirmed, with costs.

Brady and Daniels, JJ., concur.