Davis v. Duffie
The Superior Court of New York City
Motioh to quash an appeal, and for leave to pay into Court, money, which a judgment allowing the redemption of real property directed plaintiffs to pay to one of the defendants. This action was brought by Smith Davis and Oliver Davis, against Cornelius R. Duffie, Gerardus A. 0. Van Beuren, Jonas Conklin and Thaddeus Sherman, Jr., seeking to redeem certain real estate in the City of Hew York, from a mortgage.
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Motioh to quash an appeal, and for leave to pay into Court, money, which a judgment allowing the redemption of real property directed plaintiffs to pay to one of the defendants. This action was brought by Smith Davis and Oliver Davis, against Cornelius R. Duffie, Gerardus A. 0. Van Beuren, Jonas Conklin and Thaddeus Sherman, Jr., seeking to redeem certain real estate in the City of Hew York, from a mortgage. Judgment was entered at Special Term, allowing plaintiffs to redeem certain lots from the defendant Duffie, by paying him a specified sum; and directing Duffie to convey the premises to…
1Opinion of the Court
By the Court—Woodruff, J.
First. So far as the application seeks a dismissal of the appeal, it is founded upon a misapprehension. It is urged in reliance upon the 334th and 340th sections of the Code, which provide that to render an appeal effectual for any purpose, a written undertaking must be executed by at least two sureties, and that the undertaking shall be served with the notice of appeal.
The 334th section relates exclusively to appeals to the Court of Appeals.
The present appeal is from the Special to the General Term, under section 348. Such an appeal may be taken without giving any…
2Cited by1 opinion
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