McSpedon v. Bouton
New York Court of Common Pleas
Appeal by the defendants from a judgment entered on the decision of a judge of this court, after a trial before him, without a jury. The action was brought against the defendants, as sureties on an undertaking given under § 334 of the Code, being the undertaking required to render effectual an appeal to the Court of Appeals.
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Appeal by the defendants from a judgment entered on the decision of a judge of this court, after a trial before him, without a jury. The action was brought against the defendants, as sureties on an undertaking given under § 334 of the Code, being the undertaking required to render effectual an appeal to the Court of Appeals. The undertaking was drawn in accordance with the statute which requires that it shall be “ to the effect that the appellant will pay all costs and damages which may be awarded against him on the appeal, not exceeding five hundred dollars.” The facts which were relied on…
1Opinion of the CourtRobinson, J.
The undertaking upon which this action was brought was given under § 334 of the Code, on appeal to the Court of Appeals from an order, and was conditioned to pay all costs and damages which might be awarded against the appellant on the appeal, not exceeding $500.
The appeal was heard by that court, on argument by the counsel for the respective parties, and dismissed with costs to the respondents, these plaintiffs, which were adjusted at $116 06, for which judgment was rendered February 16th, 1869, and this action was brought to recover the same of the sureties. Pending that appeal, and in…
2Cases cited5 opinions
- Egberts v. WoodNew York Court of Chancery · 1831
- Murray v. MurrayNew York Court of Chancery · 1821
- Drummond v. . HussonNew York Court of Appeals · 1856
- Mumford v. McKayNew York Supreme Court · 1832
- Decker v. AndersonNew York Supreme Court · 1862
3Cited by2 opinions
- Manning v. . GouldNew York Court of Appeals · 1882
- Moffat v. GreenwaltCalifornia Supreme Court · 1891