Niles v. Battershall
The Superior Court of New York City
This action was brought by William W. Niles against Ludlow A. Battershall, and several other defendants. The nature of the case sufficiently appears in the opinion. The plaintiff having recovered judgment upon the report of a referee, defendant Battershall appealed. I. October, 1863.—Motion to stay proceedings. The defendant served notice of appeal in due season, but gave no undertaking for costs, &c., for want of which the plaintiff refused to receive the notice.
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This action was brought by William W. Niles against Ludlow A. Battershall, and several other defendants. The nature of the case sufficiently appears in the opinion. The plaintiff having recovered judgment upon the report of a referee, defendant Battershall appealed. I. October, 1863.—Motion to stay proceedings. The defendant served notice of appeal in due season, but gave no undertaking for costs, &c., for want of which the plaintiff refused to receive the notice. The defendant subsequently filed" security and served a copy, which the plaintiff refused to receive because too late. The…
1Opinion of the CourtMonell, J.
The service of the notice of appeal on the 21st September (it having been conceded on the argument that it was in time) was sufficient to perfect the appeal. Mo undertaking is necessary in an appeal from a special to a general term of this court. The refusal, therefore, of the plaintiff to receive it was irregular. To stay proceedings on the judgment appealed from, the appellant must either obtain an order from the court for that purpose, or he must file and serve an undertaking as required on an appeal to the Court of Appeals (Code, §348); and it seems such undertaking must be filed, and a…
2Cases cited5 opinions
- Parker v. JacksonNew York Supreme Court · 1852
- Grosvenor v. Atlantic Fire InsuranceThe Superior Court of New York City · 1856
- Bowman v. SheldonThe Superior Court of New York City · 1852
- New-York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Peck v. YorksNew York Supreme Court · 1857
3Cited by1 opinion
- Bannerman v. QuackenbushCity of New York Municipal Court · 1885