Schnitzer v. Willner
New York Court of Common Pleas
Action "by Hyman Schnitzer against Morris Willner. Plaintiff (respondent) moves to dismiss an appeal from an order of the general term of the city court for failure to give an undertaking.
1Opinion of the Court
(HEHEBICH, J.
The sole question to be determined is whether security is required to perfect an appeal to this court from an order made by the city court of Hew York, at a general term thereof. Section 1343 of the Code of Civil Procedure, which is made applicable to appeals to this court from the city court of Hew York by section 3192 of the Code and section 1270 of the consolidation act,1 expressly provides that, on an appeal from an order, “security is not required to perfect it.” This section reads the same now as it did in 1880, when section 3192 was enacted. Therefore, the reasoning and…
2Cases cited2 opinions
- Carling v. PurcellNew York Court of Common Pleas · 1893
- Lane v. HumbertNew York Court of Common Pleas · 1890