24 N.Y.S. 971 | N.Y. Sup. Ct. | 1893
The appellant claims that the order substituting 'him as defendant was erroneous. ¡No appeal, however, is taken from the order itself, it is not specified in the notice of. appeal, and no motion appears to have been made by him to set it aside. He is not, therefore, in a position to review it. There is no evidence in the case that the certificate of incorporation was not filed in the office of the secretary of state. Proof of filing and recording in the county clerk’s office and of user would ordinarily be
Judgment and order denying motion for new trial reversed on the exceptions, and new trial ordered, with costs to abide event. All concur.