Heebner v. Townsend
New York Supreme Court
Demurrer to answer. ■ This action was brought on an undertaking given on appeal in an action in the New York Superior Court. The contents of the pleadings are stated in the opinion.
1Opinion of the CourtSutherland, J.
The plaintiff, prior to the 30th day of July, 1857, recovered a judgment in the Superior Court against Samuel P. Townsend for $3597Tf„.
Afterwards, and on or about the 15th day of August, 1857, the said Samuel P. Townsend appealed from the said judgment to the general term of the Superior Court, and perfected such appeal, so that the same operated under the provisions of the Code as a stay of all proceedings of the plaintiff on the judgment during the pendency of the appeal.
For the purposes of such appeal, and that the same might operate as such stay, the defendants in this action executed the…
2Cases cited3 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Cook v. DickersonThe Superior Court of New York City · 1853
- Ex parte LawrenceNew York Supreme Court · 1825
3Cited by4 opinions
- Epstein v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1899
- Crandell v. BickerdNew York Supreme Court · 1900
- Mackellar v. FarrellThe Superior Court of the City of New York and Buffalo · 1890
- Isaacs v. Illinois Surety Co.New York Supreme Court · 1910