Ritter v. Krekeler
The Superior Court of New York City
Motion for leave to file a new undertaking on appeal from judgment of foreclosure, and to set aside all proceedings upon the judgment.
1Opinion of the CourtFreedman, J.
An appeal from a judgment entered upon the direction of a single judge to the general term of the same court under section 348 of the Code, is effectual without security. It is only when a stay of proceedings is desired that security must be given, as upon an appeal to the court of appeals (Genter agt. Fields, 1 Keyes, 483 ; Davis agt. Duffie, 8 Bosw., 691; Halsey agt.. Flint, 15 Abb., 367 ; Kitching agt. Diehl, 40 Barb., 433 ; Niles agt. Battershall, 18 Abb., 162.)
The first notice of appeal is, therefore, still operative, and *446the second was a nullity. After the undertaking served in each…
2Cases cited3 opinions
- Genter v. FieldsNew York Court of Appeals · 1864
- Kitching v. DiehlNew York Supreme Court · 1863
- Davis v. DuffieThe Superior Court of New York City · 1861