Nichols v. . MacLean
New York Court of Appeals
This was a motion to dismiss an appeal because of a failure to give an undertaking as required by the Code of Civil Procedure (§ 1334), and because of a failure to notice the appeal for argument and put case on calendar. An undertaking was given, signed by the appellant and the Fidelity and Casualty Company, with no other surety.
1Opinion of the CourtRapallo, J.
The Code of Civil Procedure (§ 1334) requires that an undertaking on appeal to this court be executed by at least two sureties. The appellant cannot himself sign as a surety. (Morss v. Hasbrouck, 10 Abb. N. C. 407.)
The act of 1881 (chap. 486) does not repeal section 1334 of the Code, and is not inconsistent with it. That act applies only to bonds or undertakings which are to be accepted or approved by a head of department, surrogate, judge, sheriff, district attorney, or other officer, and it merely authorizes any officer who is required to approve any such bond or undertaking, to accept and…
2Cases cited1 opinion
- Moses v. HasbrouckNew York Supreme Court · 1882
3Cited by8 opinions
- Alex v. GrandeAppellate Division of the Supreme Court of the State of New York · 1967
- Botsford v. Van RiperNevada Supreme Court · 1910
- Murphy v. Mandon Realty Co.New York Supreme Court · 1939
- Mexican Construction Co. v. ReusensSupreme Court of the United States · 1886
- Centurifico Delveneto (USA) Ltd. v. Switzerland General InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
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