Manning v. . Gould
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 6,1881,, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Deported below, 15 J. & S. 387.) This action was brought upon an undertaking executed by defendants on appeal.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 6,1881,, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Deported below, 15 J. & S. 387.) This action was brought upon an undertaking executed by defendants on appeal. It appeared that on January 11, 1880, plaintiff recovered judgment in the Superior Court of the city of Hew York against one S. Starr Howland for $555.49. On February 9, 1880, Howland appealed. Upon appeal an undertaking was given, signed by the defendants, conditioned “ that the…
1Opinion of the CourtTracy, J.
The question to be determined in this case is, whether the sureties to an undertaking given on appeal to the General Term of the Supreme Court, or of a superior city court, when excepted to, and they fail or refuse to justify, and justification is not waived by the respondent, are nevertheless bound by the conditions of then* undertaking. This depends upon the construction to be placed upon sections 1352 and 1335 of the Code. Security is not required to perfect an appeal to the General Term from a final judgment rendered in the same court, but such appeal does not stay proceedings upon the…
2Cases cited5 opinions
- Knapp v. . AndersonNew York Court of Appeals · 1877
- Hill v. . BurkeNew York Court of Appeals · 1875
- Ballard v. . BallardNew York Court of Appeals · 1859
- Decker v. AndersonNew York Supreme Court · 1862
- McSpedon v. BoutonNew York Court of Common Pleas · 1873
3Cited by29 opinions
- Hemmingway v. . PoucherNew York Court of Appeals · 1885
- Montrose v. BaggottAppellate Division of the Supreme Court of the State of New York · 1914
- Zwecker v. LevineAppellate Division of the Supreme Court of the State of New York · 1909
- Burnham v. EdwardsSupreme Court of Oklahoma · 1927
- Esch v. WhiteSupreme Court of Minnesota · 1899
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