Coithe v. Crane
New York Court of Chancery
This was an application on the part of the complainant to dismiss an appeal, by the defendant, from a decree of the assistant vice chancellor.
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This was an application on the part of the complainant to dismiss an appeal, by the defendant, from a decree of the assistant vice chancellor. The decree appealed from declared the right of the complainant, as the receiver in a creditor’s suit, to certain property in the hands of the defendant, or which ha,d been under his control, or the proceeds thereof; and directed an account to be taken of such property, and that upon the coming in and confirmation of the master’s report, the defendant should pay to the complainant, or his solicitor, the amount so reported by the master, together with…
1Opinion of the Court
The Chancellor.
An appeal bond may be good for the purpose of sustaining the appeal, although it be wholly irisuffcient for the purpose of staying the proceedings, in the court below, upon the decree or order appealed from. To render it valid for the mere purpose of sustaining the appeal, it is sufficient if the bond is in a penalty not less than $250, with two sufficient and proper sureties, who have justified in at .least *23double that sum, and is conditioned to prosecute the appeal, and to pay such costs and damages as may be awarded against the appellant on such appeal. The bond in the…
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