Ferris v. Tannebaum
New York Court of Common Pleas
Appeal from trial term. Action by Francis J. 0. Ferris against Adolph Tannebaum and Alexander Samuels upon an undertaking on arrest given pursuant to section 559, Code Civil Proc. Answer, that the defendants had duly appealed to the court of appeals from the order vacating the order of arrest, and that so the action was premature.
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Appeal from trial term. Action by Francis J. 0. Ferris against Adolph Tannebaum and Alexander Samuels upon an undertaking on arrest given pursuant to section 559, Code Civil Proc. Answer, that the defendants had duly appealed to the court of appeals from the order vacating the order of arrest, and that so the action was premature. A motion to vacate the order of arrest was denied at special term, but on appeal to the general term the orders of the special term were reversed and the order of arrest vacated. See 4 K. Y. Supp. 610. The orders of the general term vacating the order of arrest were…
1Opinion of the CourtPryor, J.
On the trial the learned judge, after admitting in evidence the notice of appeal to the court of appeals, served before the answer, excluded evidence of the undertaking on appeal, executed after the answer, on the ground that it should have been pleaded by supplemental answer; and then, because the defendants had failed to prove a supersedeas by the pendency of an appeal, the. court gave judgment for the plaintiff. Whether those rulings were correct is the only question for adjudication. The conduct of the court *296in receiving evidence of the notice of appeal and rejecting evidence of the…
2Cases cited13 opinions
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Musgrave v. . SherwoodNew York Court of Appeals · 1879
- Kelsey v. CampbellNew York Supreme Court · 1862
- Architectural Iron Works v. . City of BrooklynNew York Court of Appeals · 1881
- Carpenter v. BellThe Superior Court of New York City · 1863
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3Cited by3 opinions
- Obert v. ZahnSupreme Court of Oklahoma · 1914
- Bronner Brick Co. v. M. M. Canda Co.New York Supreme Court · 1896
- Lazzarone v. OisheiSuperior Court of Buffalo · 1892