Haines v. Hein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Emanuel ¡M. Hein and others, from ' ¡an order of the Supreme Court, made at the Albany Special Term ■and entered in the office of the clerk of the county of Albany on the 12th day of October, 1901, denying the defendants’ motion to set aside the allowance of the undertaking tiled herein, and also from an order bearing date the 11th day of September, 1901, and entered in said clerk’s office, approving and allowing said undertaking.
1Opinion of the Court
Edwards, J.:
The defendants excepted to the surety in an undertaking executed by the American Surety Company, of New York, given in pursuance of an order of the court requiring the plaintiff to file security for costs. Thereafter a notice was given by the plaintiff of the justification of the surety before a justice of this court, and, at the appointed time, the plaintiff and the defendants appeared by their respective counsel, when the following proceedings were had before the justice : The counsel for the plaintiff offered in evidence a certified copy of the annual report of the American…
2Cited by1 opinion
- American Mutual Liability Insurance v. BlodgettAppellate Terms of the Supreme Court of New York · 1940