Legal Opinion

Van Slyke v. Schmeck

New York Court of Chancery

Decided July 18, 1843PublishedCited by 3 opinions

This was an application to dismiss an appeal from the sentence and decree of the surrogate of Niagara county, for the payment to the respondent, of $1054,40 and interest.

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This was an application to dismiss an appeal from the sentence and decree of the surrogate of Niagara county, for the payment to the respondent, of $1054,40 and interest. The decree appealed from was entered on the 30th of December, 1842, and on the 28th of January thereafter the appellant filed in the office of the surrogate an appeal, together with a bond to the respondent in the penalty of $100, with two sureties, whose affidavits were annexed, stating that they were householders, and were each worth $200 over and above all just debts and responsibilities. But the bond was not approved by…

1Opinion of the Court

The Chancellor.

If no other difficulty existed in this case than the technical defect in the condition of the bond, that could be remedied by allowing the appellant to amend, under the provisions of the revised statutes on that subject. (2 R. S. 556, § 34. Potter v. Baker, & Paige’s Rep. 290.) The formal defect in the petition of appeal is also one which this court would permit the appellant to amend, upon payment of costs, &c.

But the statute declares that the appeal shall not be effectual until a bond shall be filed with the surrogate, with two sufficient sureties, to be approved by him. (2…

2Cited by3 opinions

  1. Beebe v. YoungMichigan Supreme Court · 1865
  2. Schwede v. Town of BurnstownSupreme Court of Minnesota · 1886
  3. Spotts v. DumesnilNew York Court of Appeals · 1872

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