Opinion
December Term, 1899.
Under section 3049 of the Code of Civil Procedure there is ample power in this court to allow an appellant to perfect a defective appeal. (See Thorn v. Roods, 47 Hun, 433; McCarthy v. Crowley, 24 N.Y. St. Repr. 815.) The decisions to the contrary were before the enactment of this Code provision. Application granted on appellant paying the requisite costs within three days.