Harvey Joyce, Appellant, v. The Rome, Watertown and Ogdensburg Railroad Company, Respondent

Harvey Joyce, Appellant, v. The Rome, Watertown and Ogdensburg Railroad Company, Respondent. Reported below, 92 Hun, 107. (Submitted December 4, 1899; decided December 15, 1899.) Motion to dismiss an appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 10, 1896, affirming a judgment in favor of defendant entered upon a verdict. The motion was made upon the grounds that appellant had failed to give or serve the requisite undertaking and had failed to file a proper return with the clerk of the Court of Appeals. Mullin, Griffin & Walker for motion. John W. Shea opposed. [MAJORITY] Motion granted, unless appellant within twenty days files and serves undertaking required to perfect appeal, and pays ten dollars costs of motion.