De Camp v. Thomson
New York Supreme Court
On the 29th day of June, 1896, in an action brought in the Supreme Court, the plaintiff in this' action obtained a judgment against the defendants John A. Dix- and Edward Thomson, Jr., which determined certain property rights and awarded costs to the plaintiff, in the sum of $1,805.34. An appeal was taken by the defendants in the action from that judgment to the Appellate Division of the.Supreme Court, Fourth Department, and .on the 23d day of May, 1897, said last-mentioned…
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On the 29th day of June, 1896, in an action brought in the Supreme Court, the plaintiff in this' action obtained a judgment against the defendants John A. Dix- and Edward Thomson, Jr., which determined certain property rights and awarded costs to the plaintiff, in the sum of $1,805.34. An appeal was taken by the defendants in the action from that judgment to the Appellate Division of the.Supreme Court, Fourth Department, and .on the 23d day of May, 1897, said last-mentioned court made its decision affirming said judgment with costs, and judgment of affirmance was duly entered. From that…
1Opinion of the CourtMcLennan, J.
Section 132Y- of the Code of Civil Procedure provides a method by which a person who has perfected an appeal to the Oortrt of Appeals from a judgment rendered against him may prevent the enforcement of said judgment until the decision of his appeal; The section provides in substance that if the appellant in such case gives a written undertaking, executed in proper forro, to the effect that if the' judgment appealed from is' affirmed he will pay the same, he shall not be called -upon or compelled to *387pay such, judgment, or any part thereof, until the affirmance of the judgment upon such appeal.
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2Cases cited3 opinions
- Terry v. RobertsNew York Supreme Court · 1857
- Pierce v. TuttleNew York Supreme Court · 1872
- DeFiganiere v. YoungThe Superior Court of New York City · 1864
3Cited by1 opinion
- De Camp v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1898