Burrall v. Vanderbilt
The Superior Court of New York City
This was an appeal from a judgment entered upon the decision of a judge, the parties having waived a jury. On April 4, 1855, the plaintiff recovered a judgment in this court at special term, against Garret Van Cl eve, Joseph Carpenter, George R. Jaques, and William H. De Groot, for $1,153.90. On the 17th day of said April, the judgment debtors appealed from that judgment to the general term of this court; and the defendants in this action, for the purpose of making said…
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This was an appeal from a judgment entered upon the decision of a judge, the parties having waived a jury. On April 4, 1855, the plaintiff recovered a judgment in this court at special term, against Garret Van Cl eve, Joseph Carpenter, George R. Jaques, and William H. De Groot, for $1,153.90. On the 17th day of said April, the judgment debtors appealed from that judgment to the general term of this court; and the defendants in this action, for the purpose of making said appeal effectual, in pursuance of the statute, executed an undertaking, as prescribed by sections 334 and 335 of the Code,…
1Opinion of the Court
By the Court.*
Pierrepont, J. It is claimed by the defendants’ counsel, that because some of the defendants abandoned the appeal, the condition of the undertaking was not broken.
Section 282 of the Code provides that “ whenever an appeal shall have been perfected, the.court in which the judgment has been recovered” may, on special motion, after notice to the person owning the judgment, “ in such terms as they shall see fit, direct an entry to be made by the clerk on the docket of such judgment, that the same is secured on appeal, and thereafter it shall cease, during the pendency of the…
2Cases cited3 opinions
- Cook v. DickersonThe Superior Court of New York City · 1853
- Clark v. ClarkNew York Court of Chancery · 1839
- Burr v. BurrNew York Court of Chancery · 1843
3Cited by5 opinions
- Bowman v. CornellNew York Supreme Court · 1862
- Mackellar v. FarrellThe Superior Court of the City of New York and Buffalo · 1890
- Rice v. WhitlockNew York Court of Common Pleas · 1863
- Klinker v. Third Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Klinker v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898