Drummond v. Husson
New York Court of Appeals
In May, 1849, the plaintiffs obtained a judgment at a general term of the superior court of the city of New-York, against one Robert Anderson, for $149.98. On the 2d of February, 1850, Anderson appealed from this judgment to the court of appeals, whereupon the defendants Husson and Dugan entered into an undertaking, which, after referring to the judgment and the appeal therefrom, proceeded as follows: “ Now we, the subscribers, hereby undertake that if the judgment appealed…
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In May, 1849, the plaintiffs obtained a judgment at a general term of the superior court of the city of New-York, against one Robert Anderson, for $149.98. On the 2d of February, 1850, Anderson appealed from this judgment to the court of appeals, whereupon the defendants Husson and Dugan entered into an undertaking, which, after referring to the judgment and the appeal therefrom, proceeded as follows: “ Now we, the subscribers, hereby undertake that if the judgment appealed from, or any part thereof he affirmed, the appellant will pay the amount directed to be paid by the judgment, or the…
1Opinion of the CourtSelden, J.
Section 335 of the Code, in pursuance of which the undertaking in this case was executed, provides as follows: “If the appeal be from a judgment directing the payment of money, it shall not stay the execution of the judgment unless a written undertaking be executed on the part of the appellant by at least two sureties, to the effect that, if the judgment appealed from or any part thereof be affirmed, the appellant will pay the amount directed to be paid by the judgment, or the part of such amount as to which the judgment shall be affirmed, if it be affirmed only in part, and all damages which…
2Cited by1 opinion
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