Mackellar v. Farrell
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Thomas Mackellar against Thomas Farrell and Thomas Hagan. Defendants appeal from a judgment entered on a verdict directed against them.
1Opinion of the CourtFreedman, J.
This action is brought upon an undertaking executed by the defendants, and given upon an appeal taken to the general term from a judgment of foreclosure and sale in the action of Mac Kellar v. Rogers, by the defendant in that action. The defendants here resist recovery upon the ground that after the affirmance of the judgment of Mac Kellar v. Rogers by *308the general term1 the defendant in that action obtained a stay of proceedings pending an appeal taken to the court of appeals from the judgment of affirmance upon giving an undertaking. The defendants claim that the stay was obtained against…
2Cases cited12 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Bennett v. . BrownNew York Court of Appeals · 1859
- Smith v. CrouseNew York Supreme Court · 1857
- Gardner v. BarneyNew York Supreme Court · 1863
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3Cited by2 opinions
- Chester v. BroderickNew York Supreme Court · 1891
- Orr v. HopkinsNew Mexico Supreme Court · 1884