Halsey v. Flint
New York Supreme Court
This was an appeal from a judgment at the circuit. The action was brought by William Halsey against Adolphus W. Flint and Josiah Simpson, upon an undertaking which the defendants, as sureties, had given upon an appeal in another action. The facts appear in the opinion of the court.
1Opinion of the Court
By the Court.*—Hogeboom, J.
It is very doubtful whether the undertaking on which the defendant is sought to be made liable, is of any validity. The appeal was to the general term, from a judgment entered upon the direction of a single judge. In such cases security is not required, and, I think, not authorized, unless the object be to stay proceedings. (Code, § 348; Parsons a. Suydam, 4 Abbotts’ Pr., 134; Staring a. Jones, 13 How. Pr., 423.) When a stay of proceedings is desired, security must be given, as upon an appeal to the Court of Appeals (§ 348). This means such security as, upon an…
2Cases cited3 opinions
- Edmonston v. . McLoudNew York Court of Appeals · 1858
- Staring v. JonesNew York Supreme Court · 1856
- Eno v. CrookeNew York Supreme Court · 1852
3Cited by1 opinion
- Hooker v. TownsendNew York Supreme Court · 1884