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Wallach v. Van Schaick

59 N.Y. St. Rep. 188 Court N.Y. Gen. Term Decision date 1894-03-16 English

Contents

Majority

p. 188
Joseph Wallach, App’lt, v. Sarah Van Schaick, Resp’t.
(Supreme Court, General Term, First Department,
Filed March 16, 1894.)

Headnote

Appeal—Case—Glebe’s cebtieicate.
Where the cnse is not duly settled and the, clerk’s certificate is insufficient, so as not to present the questions sought to be reviewed, the judgment will be affirmed.
p. 189
Appeal from a judgment dismissing the complaint.
Sol Kohn, for app’it; Cantor, Linson & Van Schaick, ior resp’t

This case has not been settled as provided by § 997 of the Code of Civil Procedure, and the certificate of the clerk is insufficient; and as we cannot pass upon the questions sought to be reviewed, upon this record, the judgment must be affirmed, with costs.