Robinson v. . Plimpton

It is claimed by the defendants that the facts do not show any breach of the conditions of their undertaking, on the ground that the judgment has not been affirmed on their appeal. First: They insist that, on the reversal by the general term of the judgment of the special term, they were absolutely discharged, and could not be again made liable, without their assent, by the order of another court in an appeal to which they were strangers.Second: That the judgment has never been affirmed by the general term, to which the appeal was brought; and that neither the judgment of the Court of…