Taft v. Marsily
New York Supreme Court
Appeal from special term, Hew York county. Enos H. Taft, successor to John Todd, assignee in bankruptcy, plaintiff, recovered judgment against Ferdinand Marsily et al., defendants. The general term reversed the judgment, and granted a new trial, and plaintiff appealed to court of appeals, and gave an undertaking for costs and damages. The special term ordered an additional undertaking and $10 costs as a condition of staying appeal. From this order, plaintiff appeals.
1Per curiam
The general term reversed the judgment in favor of the plaintiff in this action, and granted a new trial. From the order granting a new trial the plaintiff has appealed to the court of appeals. He has given the undertaking for the payment of costs, and damages on the appeal, as required by section 1326 of the Code of Civil Procedure; and he contends that, his appeal being thus perfected, it stays all proceedings to enforce the order appealed from, without obtaining any order from the court or a judge expressly staying such proceedings. Section 1310 of the Code, which is contained in chapter…
2Cited by1 opinion
- In re the Probate of the Last Will & Testament of GihonNew York Surrogate's Court · 1899