Crawford v. Price — 51 N.Y. St. Rep. 927

Majority

p. 927

James Crawford, Trustee, etc., App’lt, v. Alfred B. Price, Resp’t.

(Supreme Court, General Term, First Department,

Filed March 17, 1893.)

Headnote

Case — Appeal.

Where the case on appeal is not 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 is improperly on the calendar, and should he stricken therefrom.

Appeal from judgment dismissing the complaint on the merits. Edward W. Brenen (Riley & Miner, of counsel), for app’lt; Austin E. Pressinger, for resp’t.

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 ease, this appeal was improperly upon the calendar, and should be stricken therefrom.

Van Brunt, P. J., O’Brien and Follett, JJ., concur.