Guilfoyle v. Pierce
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Catharine E. Pierce, from so much of an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 2otli day of May, 1897, as stays her proceedings and the proceedings of David J. Lees, as receiver under the judgment in the action, pending an appeal to the Court of Appeals, and as permits the plaintiff to perfect said appeal and stay proceedings upon filing an undertaking for…
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Appeal by the defendant, Catharine E. Pierce, from so much of an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 2otli day of May, 1897, as stays her proceedings and the proceedings of David J. Lees, as receiver under the judgment in the action, pending an appeal to the Court of Appeals, and as permits the plaintiff to perfect said appeal and stay proceedings upon filing an undertaking for $1,500.
1Opinion of the Court
Rumsey, J.:
The judgment of the Special Term in this case was affirmed by-this court on the 11th of May, 1896, and a copy of the judgment of affirmance, with notice of its entry, was served on that day, so that the time for the appellant to appeal to the Court of Appeals expired on the lltlx of May, 1897. The appeal was taken to the Court of Appeals on the 5th day of June, 1896, but no undertaking to perfect the appeal was ever given. In May, 1897, this motion was made for a stay of proceedings pending the appeal to the Court of Appeals, and such a stay was granted upon the giving of a bond in…
2Cases cited1 opinion
- Architectural Iron Works v. . City of BrooklynNew York Court of Appeals · 1881
3Cited by1 opinion
- Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910