Majority
p. 447Julia Stanton, Resp’t, v. The Supreme Council of the Catholic Mutual Benefit Association, App’lt. (Buffalo Superior Court, General Term, Filed May, 1894 )
Headnote
Appeal—Certificate.Where the appeal hook does not contain a certificate that the notice of ■ appeal and the papers contained therein are copies of the papers presented to the court on the motion, an appeal from the order will not be considered.
Appeal from an order denying defendant’s motion for a stay of proceedings for nonpayment of costs of a former action.
John J. Hynes, for app’lt; Thomas Sullivan, for resp’t.
No certifícale is attached to the appeal book showing that the notice of appeal and the papers presented to the
p. 448
court upon the motion contained therein are copies of such papers. This omission prevents a consideration of the order appealed from. Code Civ. Proc. § 1353, Lewisohn v. Niederwiesen, 40 Hun, 545 ; 1 St. Rep. 72 ; Guyon v. Rooney, 25 St. Rep. 326 .
Case is, therefore, sent back for proper certificate.
Present: Hatch and White, J. J.
Case returned for proper certificate.