Legal Opinion

Horner v. Lyman

New York Court of Appeals

Decided September 15, 1868PublishedCited by 3 opinions

This action is brought npon two undertakings executed by the defendants above named, on an appeal from two judgments in the-Supreme Court, recovered by these plaintiffs and one Edmund F. Grant, against Cortland Wood and John C. Lyman. The undertakings are both dated May 12,1857, • and are in the usual form, to stay execution.

Read the full summary

This action is brought npon two undertakings executed by the defendants above named, on an appeal from two judgments in the-Supreme Court, recovered by these plaintiffs and one Edmund F. Grant, against Cortland Wood and John C. Lyman. The undertakings are both dated May 12,1857, • and are in the usual form, to stay execution. After the recovery of the two judgments in' the Supreme Court, which was on September 17, 1855, and before the appeal was taken to the Court of Appeals, Edmund F. Grant died, and his administrator, William H. Grant, assigned all his interest in said judgments to the…

1Opinion of the CourtMiller, J.

Each of the instruments upon which the plaintiffs recovered in this action was in the usual form of *252an undertaking, upon an appeal to the Court of Appeals, and provided for the payment of the judgment recovered, as well as for all damages which should be awarded upon the appeal. These undertakings were executed prior to the passage of an act of the legislature, by which section 307 of the Code was amended, by inserting in the sixth subdivision of that section, which provided for costs on appeal to the Court of Appeals, the following clause: “ And when a judgment is affirmed, the court may, in…

2Cases cited5 opinions

  1. Ely and Others v. . HoltonNew York Court of Appeals · 1857
  2. The People v. . VilasNew York Court of Appeals · 1867
  3. Rochester City Bank v. . ElwoodNew York Court of Appeals · 1860
  4. Bull v. KetchumNew York Supreme Court · 1846
  5. Steen v. FinleyMississippi Supreme Court · 1853

3Cited by3 opinions

  1. Post v. . DoremusNew York Court of Appeals · 1875
  2. Hare v. MarshWisconsin Supreme Court · 1884
  3. Post v. DoremusNew York Court of Appeals · 1875

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API