Concordia Savings & Aid Ass'n v. Read
Superior Court of Buffalo
In January, 1879, the plaintiff recovered a judgment in the county court of Erie county against Emil Meier and others for $518.30 damages and costs. Such judgment was entered in the clerk’s office of the county of Erie on the 30th day of October, 1879. An appeal was taken therefrom to the general term of the supreme court on November 22, 1879, and an undertaking given therein bearing date on the same day.
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In January, 1879, the plaintiff recovered a judgment in the county court of Erie county against Emil Meier and others for $518.30 damages and costs. Such judgment was entered in the clerk’s office of the county of Erie on the 30th day of October, 1879. An appeal was taken therefrom to the general term of the supreme court on November 22, 1879, and an undertaking given therein bearing date on the same day. The judgment appealed from having been affirmed, this action is brought to enforce the liability created by such undertaking.
1Opinion of the CourtHatch, J.
—When this case was before this court upon a previous appeal it received careful attention, and all of the questions raised by the appellant were passed upon and decided adversely to him, save the one upon which a new trial was granted. For the reasons assigned then, such decision must be regarded as conclusive, and upon a reexamination we are satisfied with the correctness of the reasoning and the result reached with respect to the questions so adversely decided. As affecting the present appeal, it appears that the undertaking sued upon was given to perfect an appeal from a judgment rendered…
2Cases cited1 opinion
- Knapp v. . RocheNew York Court of Appeals · 1880
3Cited by1 opinion
- Calcasieu Mercantile Co. v. FrankLouisiana Court of Appeal · 1935