General

Abraham J. Pratt, an Infant, Appellant, v. Martha Johnston, Respondent, Impleaded with Others

167 N.Y. 612·New York Court of Appeals·1901·NY

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Opinion

Abraham J. Pratt, an Infant, Appellant, v. Martha Johnston, Respondent, Impleaded with Others. (Argued June 3, 1901; decided June 11, 1901.) Pratt y. Johnston, 59 App. Div. 52, appeal dismissed. Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 11, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The motion was 'made upon the ground that the appellant had failed to file a proper undertaking as required by section 1326 of the Code of Civil Procedure. Harry D. Williams for motion. No one opposed. [MAJORITY] Motion granted and appeal dismissed, with costs.