Decided February 3, 1978.

At the call of this case, Counsellor J. D. Gordon appeared for the appellants and Counsellor Joseph Findley appeared forthe appellees and filed motion to dismiss on the ground of a defective appeal bond, in that the affidavit of sureties does not describe the property to sufficiently identify the same and thereby establish the lien of the bond, in keeping with section 63.2 (3b) of the Civil Procedure Law. Rev. Code 1 :63.2 (3b) . Appellants’ counsel, conceding the soundness of the motion, waived argument. It is therefore adjudged that the motion should be and the same is hereby granted, and the appeal is dismissed with costs against the appellants. And the Clerk of this Court is ordered to send a mandate to the court below, commanding the judge therein to resume jurisdiction over the cause and enforce the judgment. And it is so ordered.

File Type: pdf
Categories: 1978
Optimized with PageSpeed Ninja