Morey v. . Tracey
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made March 27, 1882, which affirmed a judgment in favor of plaintiff, entered on the report of a referee. This action was brought under section 1937 of the Code of Civil Procedure, after a judgment upon a joint undertaking to charge the defendant here, who was a defendant in the prior action, but who was not served with the summons.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made March 27, 1882, which affirmed a judgment in favor of plaintiff, entered on the report of a referee. This action was brought under section 1937 of the Code of Civil Procedure, after a judgment upon a joint undertaking to charge the defendant here, who was a defendant in the prior action, but who was not served with the summons. The defendant who-was served appealed from the judgment giving the undertaking required to stay proceedings. Pending the appeal this action was brought.…
1Opinion of the CourtAndrews, J.
The judgment against G-eorge W. Tiift and Francis W. Tracy, rendered upon their joint undertaking as sureties upon the successive appeals in the suit of Davis v. Bead et al., was in form against both defendants, upon service of process upon Tiift alone. The defendant Tracy was not served with the summons, nor did he appear in the action. Tiift appealed from the judgment and gave the requisite undertaking to stay proceedings. The plaintiff, pending the appeal by Tiift brought this action against Tracy, under section 1937 of the Code, and the sole question is whether the provision of section…
2Cited by6 opinions
- Hofferberth v. . NashNew York Court of Appeals · 1908
- Bath Gas Light Co. v. RowlandAppellate Division of the Supreme Court of the State of New York · 1903
- Durant Land Imp Co. v. Thomson-Houston Electric Co.New York Court of Common Pleas · 1893
- Heagney v. HopkinsAppellate Terms of the Supreme Court of New York · 1898
- Kramer v. SchatzkinAppellate Terms of the Supreme Court of New York · 1899
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