Hayes v. . Nourse
New York Court of Appeals
This is a motion to dismiss an appeal as irregular and void for the reason that the judgment from which said appeal purports to be taken, was satisfied of record before the service of notice of appeal.
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This is a motion to dismiss an appeal as irregular and void for the reason that the judgment from which said appeal purports to be taken, was satisfied of record before the service of notice of appeal. Judgment was.recovered by plaintiff against defendant in the Court of Common Pleas on April 4, 1887, for $3,528.26, from which the defendant took an appeal to the General ■Term of said court, where the judgment was affirmed, and on June 10,' 1887, a judgment of affirmance thereof and for $84.24, costs of said appeal, was entered. On June fifteenth the defendant voluntarily paid both of said…
1Opinion of the CourtDanforth, J.
The defendant’s practice in paying the judgment before appealing from it is not to be condemned. It is rather to be encouraged. A party who recovers at the trial term and, against his adversary’s appeal, sustains the recovery at the General Term, might fairly be deemed entitled to the fruits of his action without further delay. The law, however, allows one more appeal, but although it is taken, the successful party may, nevertheless, enforce his judgment by execution, and so collect its award, unless the defeated party secures its ultimate payment by a deposit of money or an undertaking. Why…
2Cases cited3 opinions
- Clowes v. DickensonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Champion v. Plymouth Congregational SocietyNew York Supreme Court · 1864
- Sheridan v. MannNew York Supreme Court · 1850
3Cited by34 opinions
- Matter of Seagroatt Floral Co. Inc.(riccardi)New York Court of Appeals · 1991
- Franzen v. DubinokCourt of Appeals of Maryland · 1981
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Warner Bros. Co. v. FreudCalifornia Supreme Court · 1901
- Grand River Dam Authority v. EatonSupreme Court of Oklahoma · 1990
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