Kitching v. Diehl

Final judgment 'on the report of a referee was entered in this action on the 11th day of August, 1863, in favor of the plaintiff, from which the defendants in due time appealed to the general term, but no undertaking or security of any kind on the appeal was given, and a motion is now made to dismiss the appeal on the sole ground that such undertaking or security has not been given.

This is not a sufficient ground for the motion. The appeal is effectual, under § 348 of the code, but it does not per se operate as a stay of proceedings on the judgment. Such has long been considered the settled…