 | New York (State) - Law - 1876 - 398 pages
...necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from ; the court, in or to which the appeal is taken, upon...amendment to be made, upon such terms as justice requires. Order ap- § 1304. An appeal cannot be taken from an order made by a judge, Fronfmust out of court,... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from ; the court, in or to which the appeal is taken, upon...amendment to be made, upon such terms as justice requires. Code Pro., § 327, concluding sentence, amended. See Wait's Code, 647, 648, notes; 3 Wait's Pr. 222,395.... | |
 | Law reports, digests, etc - 1878 - 680 pages
...act necessary to perfect the appeal or to stay the execution of the judgment or order appealed from, the Court in or to which the appeal is taken, upon proof by affidavits of the facts, may, in its discretion, permit the omission to be supplied or an amendment... | |
 | New York (State) - 1879 - 436 pages
...necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from ; the court, in or to which the appeal is taken, upon...amendment to be made, upon such terms as justice requires. § 1304. An appeal cannot be taken from an order made by a judge, out of court, until it is entered... | |
 | New York (State) - 1880 - 668 pages
...serve it upon the other, or to do any other act necessary to perfect the appeal, the appellate court, upon proof by affidavit of the facts, may, in its...amendment to be made, upon such terms as justice requires. [Co. Proc.,§ 327, last sentence, amended so as to conform to § 1303 of this act, which contains the... | |
 | New York (State) - Law - 1880 - 832 pages
...serve it upon the other, or to do any other act necessary to perfect the appeal, the appellate court, upon proof by affidavit of the facts, may, in its...discretion, permit the omission to be supplied, or an amend* ment to be made, upon such terms as justice requires. S 3050. If the appellant desires a stav... | |
 | New York (State) - 1881 - 1532 pages
...necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from ; the court, in or to which the appeal is taken, upon...amendment to be made, upon such terms as justice requires. Co. Proc., part of (327, am'U. People v. Eldriilge, 7 How. lns; Cotes v. Carroll, 2-1 Id. 430; Frs"... | |
 | Civil procedure - 1884 - 520 pages
...serve it upon the other, or to do any other act necessary to perfect the appeal, the appellate court, upon proof by affidavit of the facts, may, in its...amendment to be made upon such terms as justice requires." VOL. V.-10 Coster «. Greenpoint Ferry Co. COSTER v. THE GREENPOINT FERRY COMPANY. CITY COURT OF BROOKLYN,... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...serve it upon the other, or to do any other act necessary to perfect the appeal, the appellate court, upon proof by affidavit of the facts, may, in its...supplied, or an. amendment to be made, upon such terms» justice requires. 3050. If the appellant desires a stay of execution, he must give a tten undertaking,... | |
 | Civil procedure - 1887 - 814 pages
...other act necessary to perfect the appeal, the appellate court, upon proof by affidavit of the fact», may, in its discretion, permit the omission to be supplied, or an amendment to be made, upon such terme as " istice requires ; 3050. If the appellant jesires a stay of execution, he must give a tten... | |
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... or his attorney, but omits, through mistake, inadvertence, or excusable neglect, to serve it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from; the court in or... 
