Blood v. Wilder
New York Supreme Court
A. Pond, moved to dismiss an appeal from the judgment of the County Court reversing the judgment of a justice. It appeared that a certificate oi a justice of this court had been obtained and filed. An undertaking was also acknowledged and filed, and the sureties had justified; but it no where appeared in the undertaking or acknowledgment or justification, where the sureties resided.
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A. Pond, moved to dismiss an appeal from the judgment of the County Court reversing the judgment of a justice. It appeared that a certificate oi a justice of this court had been obtained and filed. An undertaking was also acknowledged and filed, and the sureties had justified; but it no where appeared in the undertaking or acknowledgment or justification, where the sureties resided. Notice that the plaintiff appealed, with a copy of the undertaking had been served; but no copy or notice of the judge’s certificate, nor copies of the acknowledgment or justification by the sureties, nor notice…
1Opinion of the Court
Hand, Justice.
It would seem Mr. Justice Edmonds understands the practice to be, particularly on an appeal from an order, to serve copies of all the appeal papers (Beach vs. Southworth, 6 Barb. 173). No doubt this would be more convenient to the profession; or, at least, to require notice of filing the certificate required by § 344, together with a copy of the undertaking, and notice of the names, residence and addition of the sureties.
Perhaps no notice need be given of the judge’s certificate (see 22 Wend. 627). But, however that may be, § 340 requires that a copy of the undertaking,…
2Cases cited2 opinions
- Beach v. Southworth & LitchfieldNew York Supreme Court · 1849
- Clark v. McClaughryNew York Supreme Court · 1840