Bowman v. Tallman
The Superior Court of New York City
Appeal from an order setting aside an execution and levy thereof. The plaintiff, George Bowman, recovered judgment against the defendant, William M. Tallman, in February, 1864. The defendant appealed to the general term, and gave the necessary undertaking to secure a stay of proceedings upon the judgment. The appeal was argued at the general term, and on the 28th of May, 1864, the court orally announced its decision, affirming the judgment.
Read the full summary
Appeal from an order setting aside an execution and levy thereof. The plaintiff, George Bowman, recovered judgment against the defendant, William M. Tallman, in February, 1864. The defendant appealed to the general term, and gave the necessary undertaking to secure a stay of proceedings upon the judgment. The appeal was argued at the general term, and on the 28th of May, 1864, the court orally announced its decision, affirming the judgment. The entry in the minutes made by the clerk was as follows, after the. names of the judges holding the court and the title of the cause: “ Judgment…
1Opinion of the CourtMonell, J.
I am inclined to think that, when the execution issued, the stay upon the judgment was not removed. The effect of giving the undertaking on the appeal to the general term was to stay all further proceedings upon the judgment appealed from (Code, § 339); and an execution could not regularly issue until after the decision of the general term affirming the judgment. The mere oral announcement of a decision by the judges sitting in the general term, and the mere entry of such decision in the minutes of the clerk,, is not such a judgment of the general term as will authorize action under it. I…
2Cases cited6 opinions
- Crawford v. WilsonNew York Supreme Court · 1848
- In re BerryNew York Supreme Court · 1857
- Lentilhon v. Mayor of New YorkThe Superior Court of New York City · 1851
- Bank of Rochester v. EmersonNew York Court of Chancery · 1843
- Willson v. HendersonNew York Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re WeberNorth Dakota Supreme Court · 1894
- Briggs v. SheaSupreme Court of Minnesota · 1892
- Durant Land Imp Co. v. Thomson-Houston Electric Co.New York Court of Common Pleas · 1893