Genter v. Fields
New York Court of Appeals
Appeal, from an order of the General Term of the Supreme Court, in the sixth district, dismissing an appeal from a judgment at Special Term to General Term. A judgment was rendered against the defendant June 25th,. 1857, for $985.94, upon a verdict at the Circuit.
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Appeal, from an order of the General Term of the Supreme Court, in the sixth district, dismissing an appeal from a judgment at Special Term to General Term. A judgment was rendered against the defendant June 25th,. 1857, for $985.94, upon a verdict at the Circuit. The defendant appealed from the judgment to the General Term, and for the purpose of staying proceedings upon the judgment, filed an undertaking, •with sureties, who duly justified on the 8tli of August, 1857. In August, 1859, the appeal being still pending, and the sru-eties having become insolvent, the plaintiff applied at Special…
1Opinion of the CourtJohnson, J.
There can be no doubt that an appeal' to the General Term of the Supreme Court, from a judgment rendered at Special Term, when made according to the provisions *484of section 327 of the Code, is complete and effectual as an appeal for all purposes, except the staying of the proceedings upon the judgment.
If the party appealing desires a stay of proceedings upon the judgment in such a case, he must, in addition to the service of the notices prescribed by section 327, execute to the other party the undertaking provided for by section 335 of the Code. The undertaking is no part of the appeal, which…
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