Ennis v. Broderick
The Superior Court of New York City
The plaintiff recovered judgment on July 13, 1877, against Lawrence A. Curry, one of the marshals of the city of New York, in the district court of the city of New York, for the First Judicial District. Curry appealed from that judgment to the general term of the court of common pleas, and gave the usual undertaking required by section 356 of the Code, to stay proceedings, in which the defendants herein were the sureties.
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The plaintiff recovered judgment on July 13, 1877, against Lawrence A. Curry, one of the marshals of the city of New York, in the district court of the city of New York, for the First Judicial District. Curry appealed from that judgment to the general term of the court of common pleas, and gave the usual undertaking required by section 356 of the Code, to stay proceedings, in which the defendants herein were the sureties. It was duly approved by the justice of the district court, and filed in the office of the clerk of the court of common pleas on the day of its approval. A transcript of that…
1Opinion of the Court
By the Court.—Freedman, J.
The evidence shows that on July 19, 1877, the undertaking- sued upon was duly approved by the justice of the district court, and that thereupon it was filed in the' office of the clerk of the court of common pleas. This was a *95sufficient compliance with the statute to operate as a stay upon the judgment appealed from (Jackson v. Smith, 16 Abb. Pr. 201).
By that undertaking the defendants undertook that if the judgment should be affirmed on appeal, and execution issued thereon be returned unsatisfied, they would pay the amount unsatisfied. The judgment was affirmed and…
2Cases cited1 opinion
- Jackson v. SmithNew York Court of Common Pleas · 1863