Wilson v. Allen
New York Supreme Court
before Harris, Watson and Parker, Justices.—This was an action commenced under the code—a referee, to whom the issues in the action had been referred, made his report in favor of the Plaintiff on the 4th December, 1848, and on the 9th day of the same month, judgment was perfected upon the report, and notice given to the attorneys for the Defendants.
Read the full summary
before Harris, Watson and Parker, Justices.—This was an action commenced under the code—a referee, to whom the issues in the action had been referred, made his report in favor of the Plaintiff on the 4th December, 1848, and on the 9th day of the same month, judgment was perfected upon the report, and notice given to the attorneys for the Defendants. On the 6th day of December, the Defendants’ attorneys served notice of exception to the decision of the referee, pursuant to the 227th section of the code, and on the 12th day of the same month served notice of appeal from the judgment, and filed…
1Opinion of the Court
By the Court, Harris, Justice.
The undertaking is in the form necessary, under the 284th. section of the code, to stay the execution of the judgment. But, by tip 283d section, another- undertaking is rendered necessary before an appeal “can be effectual for any purpose'' It is true that it is very similar to the last clause in the undertaking required by the 284th section. So similar that it is insisted by the counsel for the appellants, that an undertaking executed in conformity with the latter section necessarily embraces all that is required by the former 'section. In this, however, I think…
2Cases cited1 opinion
- Potter v. BakerNew York Court of Chancery · 1834
3Cited by13 opinions
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Burns v. Superior CourtCalifornia Supreme Court · 1903
- Hopewell v. StateIndiana Court of Appeals · 1899
- Hemmingway v. . PoucherNew York Court of Appeals · 1885
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.