Clark v. Clark
New York Court of Chancery
This was an application on the part of the appellants to stay the proceedings on the execution in this cause until the decision of the court for the correction of errors, upon their appeal from the decree of this court affirming the decree and sentence of the surrogate.
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This was an application on the part of the appellants to stay the proceedings on the execution in this cause until the decision of the court for the correction of errors, upon their appeal from the decree of this court affirming the decree and sentence of the surrogate. The amount decreed to be paid by the appellants, including costs, was about $1-8,756, and the appeal bond was in the penalty of $38,500, with three sureties, one of whom justified in the sum of $84^000,, and the other two in $40,000 each. By inadvertence, the bond was defective in the condition thereof, which defect the…
1Opinion of the Court
The Chancellor.
I think the injuction master was-right in approving of the appeal bond, although but one of the sureties justified in double the amount of the penalty of the appeal bond. The statute requires a bond in double the amount of the debt and costs decreed, in addition to the $250 as security for the costs on the appeal, in order to make the appeal a stay of proceedings; and the appellants must give two or more sureties who can justify in double the penalty of the bond. But where the penalty of the bond is very large, as in this case, I think it is a proper exercise of discretion, in…
2Cited by8 opinions
- Central Union Telephone Co. v. State ex rel. Board of CommissionersIndiana Supreme Court · 1887
- Fawcett v. Superior CourtWashington Supreme Court · 1896
- Cook v. DickersonThe Superior Court of New York City · 1853
- In re BerryNew York Supreme Court · 1857
- Robertson v. DavidsonSupreme Court of Minnesota · 1869
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