Beach v. Southworth & Litchfield
New York Supreme Court
In Equity. This was an appeal from an order made at a special term of this court, dissolving the injunction that had been issued, and denying the motion for the appointment of a receiver.
1Opinion of the Court
By the Court, Edmonds, J.
A motion is made to dismiss the appeal in this case, on several grounds. 1. Because the execution of the undertaking given on taking the appeal is neither proved nor acknowledged. To file an undertaking without that prerequisite is undoubtedly irregular. The 120th rule requires peremptorily that “ all bonds or written securities shall be duly proved or acknowledged in the manner prescribed by law for the proof or acknowledgment of deeds of real estate, before the same shall be received or filed.” This rule is still in force, and in no instance can an undertaking be…
2Cited by4 opinions
- Kissam v. MarshallNew York Supreme Court · 1860
- Bellinger v. GardnerNew York Supreme Court · 1856
- Bondy v. CollierCity of New York Municipal Court · 1895
- Blood v. WilderNew York Supreme Court · 1852