North American Coal Co. v. Dyett
New York Court of Chancery
This was an application to dismiss an appeal from an interlocutory order of the vice chancellor of the first circuit, for irregularity. The grounds of the application were, that the appeal bond had not been executed by the appellants, and that the appeal had not been brought within the fifteen days allowed by the statute for appealing from an interlocutory order.
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This was an application to dismiss an appeal from an interlocutory order of the vice chancellor of the first circuit, for irregularity. The grounds of the application were, that the appeal bond had not been executed by the appellants, and that the appeal had not been brought within the fifteen days allowed by the statute for appealing from an interlocutory order. Two responsible sureties had joined in the bond, and more than fifteen days had elapsed from the date of the caption of the order appealed from, before the appeal was entered; but it appeared, by affidavits on the part of the…
1Opinion of the Court
The Chancellor.
The 116th rule of this court requires the bond for costs, on an appeal from the vice chancellor, to conform in all respects to the bond required by statute to be given upon an appeal from a decision of the chancellor to the court for the correction of errors. The eighteenth section of the statute, (2 R. S. 605,) declares that the appeal shall not be effectual, until a bond with sureties shall be given to the adverse party, and approved of by the proper officer of the court. Under this statute, it has been decided that the term sureties, in the plural, requires two or more…
2Cited by9 opinions
- Jenkins v. WildCourt for the Trial of Impeachments and Correction of Errors · 1835
- Harris v. J. Regester & SonsCourt of Appeals of Maryland · 1889
- Rankin v. PineNew York Court of Common Pleas · 1857
- Beebe v. YoungMichigan Supreme Court · 1865
- Drouilhat v. RottnerOregon Supreme Court · 1886
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