People v. Judges of New-York Commom Pleas
New York Supreme Court
Motion for a mandamus. A judgment was obtained against the relators in the New-York common pleas, and perfected on the seventeenth day of May last, by the signing and filing of the roll. On the nineteenth of May, the relators sued out a writ of error, and put in and perfected bail. Previous thereto, and on the same day, an execution had been issued, and levied on the property of the defendants.
Read the full summary
Motion for a mandamus. A judgment was obtained against the relators in the New-York common pleas, and perfected on the seventeenth day of May last, by the signing and filing of the roll. On the nineteenth of May, the relators sued out a writ of error, and put in and perfected bail. Previous thereto, and on the same day, an execution had been issued, and levied on the property of the defendants. Application was made to the common pleas for a supersedeas, which was. refused ; and a motion is now made to this court, for a mandamus directing the common pleas to grant a supersedeas.
1Opinion of the Court
By the Court,
Sutherland, J.
The relators had four days, after the perfecting of the judgment, to sue out their writ of error, and to put in and perfect bail; and having complied with the rule, they are entitled to be protected from the enforcement of the judgment obtained against them, until the determination of the suit in error. A party may sue out execution within the four days, but it is at the peril of a supersedeas of execution and restitution of property, if error is brought and bail perfected within that time. There may have been some doubt, heretofore, as to the practice in a case…
2Cited by10 opinions
- Bacon v. GreenSupreme Court of Florida · 1895
- Mayor of Macon v. ShawSupreme Court of Georgia · 1853
- Thalheim v. Camp Phosphate Co.Supreme Court of Florida · 1904
- Kent v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
5 more not listed; retrieve them via the Exa API.