Chilson v. Howe
New York Supreme Court
At chambers. On demurrer to complaint. Action by Lorenzo D. Chilson against Henry Howe and Thomas Morrison, ■on an undertaking given upon an appeal taken from a judgment in favor of said Chilson and against Chauncey E. Huggans.
1Opinion of the CourtBradley, J.
The question presented by the demurrer is whether the complaint states facts sufficient to constitute a cause of action. The statute provides that an action shall not be maintained upon an undertaking like that in ■question until 10 days have expired since the service upon the attorney for ■the appellant of a written notice of the entry of a judgment affirming that appealed from. Code Civil Proc. § 1309. That provision differs from the former statute only in the use of the word “attorney” instead of the “adverse party.” Code Proc. § 348. The service of the notice is a condition precedent to…
2Cases cited6 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Hoffman v. RowleyNew York Supreme Court · 1862
- Moore v. MeachamNew York Court of Appeals · 1851
- Rae v. . BeachNew York Court of Appeals · 1879
- Given v. DriggsNew York Supreme Court · 1805
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3Cited by1 opinion
- Chilson v. HoweNew York Supreme Court · 1889