Mirick v. Hill
New York Supreme Court
Action by Mary W. Mirick, as executrix,, against Sarah J. Hill and another. There was a judgment in favor of plaintiff, and defendants appealed. The judgment was affirmed. See 28 N. Y. Supp. 237. Pending said appeal, appellants moved to compel respondent to accept an undertaking given to stay proceedings. Granted.
1Opinion of the CourtBumsey, J.
Before 1890 the Code of Civil Procedure required that upon appeals from an inferior court to the supreme court *854security must be given to perfect the appeal, and such security did not stay proceedings upon the judgment appealed from. Code Civ. Proc. § 1341. In 1890 that section of the Code was so amended that security was not required to be given upon such an appeal to perfect the appeal, but the appeal became effective simply by a service of the notice of appeal. When, therefore, the notice of appeal was served in this action, all that was required to make it effective had been done. But that…
2Cited by1 opinion
- Anderson v. PhegleyOregon Supreme Court · 1909