In re McBride — 97 N.Y. Sup. Ct. 259

Majority

p. 259

In the Matter of the Application of Mary McBride, as Administratrix, etc., of Bridget Murray, Deceased, Respondent, for an Order Compelling Henry G. Harris, Appellant, to Pay out Certain Moneys.

Headnote

Appeal — papers recited in an order appealed from but not contained, in record will be assumed to sustain the order.

Where papers which are recited in an order appealed from do not appear in the record it will he assumed that such papers sustain the order, which will in such case he affirmed on appeal.

Appeal by Henry Gr. Hams from an order of the Supreme Court, made at the New Yoz’k Special Term and entered in the clerk’s office of the county of New York on the 26th day of June, 1895, directing him to deposit a sum of money in court and denying his motion for a reargument.

Darnel Daly, for the appellant.

Frederick K. Clark, for the respondent.

Many of the papers on which the original oi’der was made and on which the motion for reaz’gument was founded, which are recited in the order appealed from, not appealing in the record, we must assume that they sustain the order of the Special Term, which is, therefore, affirmed, with ten dollars costs and disbursements.

Present — Yan Brunt, P. J., Follett and Parker, JJ.

Order affizmed, with ten dollars costs and disbursements. •