Galinger v. Engelhardt

The action is against the defendants as sureties upon an undertaking given on an appeal to the Court of Appeals *50from a judgment recovered against one Hammerstein, May 24, 1897, for $4,139.52, affirmed by the Appellate Division, November 24, 1897, with $90 costs. Notice to the sureties of the entry of the judgment was not necessary as a condition precedent to charging the sureties as such. The only provision requiring notice to sureties is that contained in section 1309 of the Code, which does not apply to appeals to the Court of Appeals, for the obvious reason that said court is the tribunal…