McElroy v. . Mumford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1891, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and directed a new trial. This was an action upon an undertaking on appeal, of which the following is a copy: “N. Y. SUPREME COURT —KINGS COUNTY.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1891, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term and directed a new trial. This was an action upon an undertaking on appeal, of which the following is a copy: “N. Y. SUPREME COURT —KINGS COUNTY. “ Samuel McElroy, Respondent, against The Brooklyn Underground Railroad Company, Appellant. “ Undertaking on appeal from a judgment directing the payment of money. “ Whereas, on the twelfth day of…
1Opinion of the Court
Ruger, Ch. J.
It is not claimed that the undertaking given on an appeal to this court and sued upon, was insufficient in form to stay an execution on the original judgment, except for the alleged fact that such judgment was not fully described in the recitals of the instrument. The undertaking describes the judgment of the General Term as one that was recovered by the respondent against the appellants in the Hew Tork Supreme Court, county of Kings, on the 12th day of December, 1887, “ for the sum of $122.97, being costs of affirmance and with interest thereon from that date.” If this recital…
2Cases cited2 opinions
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- Goodwin v. . BunzlNew York Court of Appeals · 1886
3Cited by16 opinions
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- Haskell v. Fidelity & Casualty Co.New York Supreme Court · 1922
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