Hackley v. Hope
New York Court of Appeals
1. The question is, whether in an equity action where all interested in the subject-matter of the action must be brought in, and defendants are thus made actors in the action, execution of a judgment which distributes a fund among several persons, cannot be stayed by the aggrieved party giving the undertaking on appeal required by law. 2. Section 348 of the Code prescribes that appeals may be taken from judgments entered on reports of referees to the General Term, but that…
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1. The question is, whether in an equity action where all interested in the subject-matter of the action must be brought in, and defendants are thus made actors in the action, execution of a judgment which distributes a fund among several persons, cannot be stayed by the aggrieved party giving the undertaking on appeal required by law. 2. Section 348 of the Code prescribes that appeals may be taken from judgments entered on reports of referees to the General Term, but that such appeal does not stay proceedings, unless security be given as upon an appeal to the Court of Appeals. Section 335…
1Opinion of the CourtMason, J.
This action was brought against the defendants for the settlement of partnership accounts, and a division of the funds among the partners, who had each a one-third interest. All of the funds of the copartnership were on the *126hands of the defendant Hope. . The defendants, Hope and Burt, united in a joint answer, the defendant Hope admitting that, there was=a balance in his hands belonging to himself and the defendant Burt, and- claiming that this plaintiff Hackley had been paid in full'his share.
There was no .pretense, upon the trial, that Burt had been paid his share, but the controversy was…
2Cases cited2 opinions
- Cuyler v. MorelandNew York Court of Chancery · 1837
- Steele v. WhiteNew York Court of Chancery · 1831
3Cited by4 opinions
- McGregor v. PearsonWisconsin Supreme Court · 1881
- Glacius v. FogelNew York Surrogate's Court · 1881
- Hyatt v. DusenburyNew York Court of Appeals · 1887
- Kenney v. GeogheganCity of New York Municipal Court · 1886