National Contracting Co. v. Hudson River Water Power Co.

The plaintiff, after a trial before a referee, recovered judgment against the defendant for $554,680.43, from which the latter has appealed and now moves, under section 1312 of the Code of Civil Procedure, for an order limiting the security required to stay the execution of the judgment pending the appeal to the sum of $50,000' and staying execution until security in such limited amount may be given. The section upon which the defendant relies in making the motion is as follows: “ Section 1312. Where ah appeal is taken, as prescribed in title second or fourth of this chapter, the court, in or…