Angevine v. Fleischmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Max Fleischmann and another, from an order of the City Court of Mount Vernon, entered in the office of the clerk of said court on the 25th day of June, 1900, denying the defendants’ motion for a stay of execution pending the determination of an appeal from a judgment theretofore entered in the action.
1Opinion of the Court
Jenks, J. :
The plaintiff sued for conversion in the City Court of Mount Vernon and entered judgment on the verdict of the jury. The judgment is for $613.82, of which $126.32 represents the costs. Execution was issued. The defendants, served notice of appeal to tins court and filed and served an undertaking reciting the recovery of the judgment and the intention to appeal therefrom, whereby two sureties undertook that the appellants would pay all costs which might be awarded against them on the ’ appeal to the extent of $500. Plaintiff’s attorney returned the undertaking indorsed as improper…
2Cases cited1 opinion
- Kring v. MissouriSupreme Court of the United States · 1883
3Cited by1 opinion
- Clark v. BaxterSupreme Court of Minnesota · 1906