Hall v. Emmons
The Superior Court of New York City
Appeal from an order. The action was brought upon an undertaking executed by the defendants John Emmons, Jr., and Han-ford Smith, upon the arrest of the defendant-, James L. Paine, under an order of arrest granted in an action, wherein the plaintiff herein was plaintiff, and the defenfendant, James L. Paine, was defendant.
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Appeal from an order. The action was brought upon an undertaking executed by the defendants John Emmons, Jr., and Han-ford Smith, upon the arrest of the defendant-, James L. Paine, under an order of arrest granted in an action, wherein the plaintiff herein was plaintiff, and the defenfendant, James L. Paine, was defendant. Upon affidavits showing that said James L. Paine had surrendered himself to the sheriff, without disclosing however, the precise time of such surrender, and that he was insolvent, the defendants in this action, on the 27th day of January, 1870, procured an order requiring…
1Opinion of the Court
By the Court.—Freedman, J.
In the case of the Bank of Geneva v. Reynolds (33 N. Y., 160), the court of appeals held, that an order allowing bail to surrender the principal in their exoneration,, is appealable forth e reason that it affects a substantial right and in effect determines the action and prevents a judgment from which an appeal might be taken. ' Such being the law of this case, and it appearing from the record that the first motion was made upon substantially the same, if not- stronger grounds, as the second motion, I am of the opinion that the order appealed from, which granted,…
2Cases cited12 opinions
- Hoffman v. LivingstonNew York Court of Chancery · 1814
- Mithell v. AllenNew York Supreme Court · 1835
- Bank of Geneva v. . ReynoldsNew York Court of Appeals · 1865
- Snyder v. WhiteNew York Supreme Court · 1851
- Bellinger v. MartindaleNew York Supreme Court · 1853
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3Cited by4 opinions
- Deutermann v. PollockAppellate Division of the Supreme Court of the State of New York · 1899
- Deutermann v. PollockAppellate Division of the Supreme Court of the State of New York · 1899
- Dillaye v. BlairNew York Court of Appeals · 1849
- Irving National Bank v. KernanNew York Surrogate's Court · 1877