J. & M. Electric Co. v. Centotella
New York County Courts
Appeal from a judgment of the City Court of Utioa in favor of plaintiff for $15, demanding* a new trial in the County Court. Ho undertalcing has been given upon the appeal, and defendant moves to dismiss the appeal for that reason.
1Opinion of the CourtHazard, J.
It is admitted that no undertaking has been given, but appellant contends that, inasmuch as it was the party recovering judgment in the court below who is also the appellant, it is unnecessary to give an undertaking. It is appellant’s theory that the only purpose of an undertaking is to stay an execution upon judgment in the court below, and that, inasmuch as the appellant recovered in the court helow, there is no occasion for an undertaking. In other words, appellant says that, quoting from the language of section 3050, it does not “ require a stay of execution,” and, therefore, no bond need…
2Cases cited2 opinions
- Doolittle v. . DininnyNew York Court of Appeals · 1865
- Smith v. CrouseNew York Supreme Court · 1857
3Cited by5 opinions
- Graves v. Jones, New York County Courts1934
- Morris v. Brokab Corp.City of New York Municipal Court · 1948
- Eaton v. Potts, New York County Courts1915
- Lauck v. Gorman, New York County Courts1914
- Camp v. Marshall, New York County Courts1957