Post v. Doremus
New York Supreme Court
Submission of a controversy between William T. Post and Elavel H. Doremns, survivor of Theron S. Doremus. The case arises upon an agreed statement of facts. The plaintiff brought an action in the supreme court against one Hathorn, impleaded with one Robertson, which resulted in a verdict for the defendant.
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Submission of a controversy between William T. Post and Elavel H. Doremns, survivor of Theron S. Doremus. The case arises upon an agreed statement of facts. The plaintiff brought an action in the supreme court against one Hathorn, impleaded with one Robertson, which resulted in a verdict for the defendant. A motion was made at special term for a new trial which was denied, and upon an appeal from the order to the general term, it was reversed and a new trial granted, with costs to abide the event. Hathorn appealed to the court of appeals and filed a stipulation that if the order was affirmed…
1Opinion of the CourtMiller, P. J.
The undertaking executed by the defendants upon the appeal taken to the court of appeals, provided, first, for the payment of all costs and damages which might be awarded against the appellant in said appeal, not exceeding $500; second, for the amount directed to be paid, if the judgment appealed from, or any part thereof, be affirmed, or the appeal be dismissed, or the part of such amount as to which the said judgment should be affirmed, if it be affirmed only in part. And third, to pay all damages and costs which shall be awarded against the appellant on said appeal. The first part…
2Cases cited3 opinions
- Rogers v. KneelandNew York Supreme Court · 1833
- Lytle v. State of ArkansasSupreme Court of the United States · 1860
- Ex parte EastabrooksNew York Supreme Court · 1825