Opinion
October Term, 1897.
C.C. Nadal, for the motion.
August P. Wagener, opposed. Louis Steckler, for the motion.
Franklin Bien, opposed.
Strong Cadwalader, for the motion.
John H. Fargis, opposed.
Hotchkiss Maddox, for the motion.
J. Edward Ackley, opposed.
James P. Niemann, for the motion.
Thomas McAdam, opposed.
Present — VAN BRUNT, P.J., BARRETT, RUMSEY, WILLIAMS and PATTERSON, JJ.
This court, as long ago as October, 1896, when the case of Gamble v. Lennon ( 9 App. Div. 407) was decided, declared that where parties desired extensions for the purpose of serving their papers upon appeal, applications therefor must be made to the court below, and that such applications would not be entertained by the Appellate Division.
The appellants in the above-entitled motions having made no attempt to get their time to serve their papers extended, or to have their defaults opened, their appeals must be dismissed, with ten dollars costs in each case.
Motions granted, with ten dollars costs.