Genter v. Fields
New York Court of Appeals
Nicholas Center sued Seth H. Fields, sheriff of Otsego, in the supreme court, and recovered a verdict for nine hundred and eighty-five dollars and ninety-four cents, money collected, on which verdict he entered judgment. On July 35, 1857, defendant served a notice of appeal from the judgment, to the court at general term, and gave the undertaking with sureties which is required by section 348 of the Code, in order to secure a stay of proceedings pending the appeal.
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Nicholas Center sued Seth H. Fields, sheriff of Otsego, in the supreme court, and recovered a verdict for nine hundred and eighty-five dollars and ninety-four cents, money collected, on which verdict he entered judgment. On July 35, 1857, defendant served a notice of appeal from the judgment, to the court at general term, and gave the undertaking with sureties which is required by section 348 of the Code, in order to secure a stay of proceedings pending the appeal. On Aug. 30, 1859, the appeal being still pending, the court, upon proof that the sureties had become insolvent, granted an order…
1Opinion of the Court
By the Court.
T. A. Johnson, 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 of section 337 of the Code of Procedure, 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 337, execute to the other party the undertaking provided for by section 335 of the Code. The…
2Cases cited2 opinions
- Bates v. . VoorheesNew York Court of Appeals · 1859
- Kitching v. DiehlNew York Supreme Court · 1863