Goodwin v. . Bunzl
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of Bew York, entered upon an order made May 9,1884, which affirmed a judgment in favor of plaintiffs, entered noon a verdict. This action was upon an undertaking given on appeal to the General Term. The material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the Superior Court of the city of Bew York, entered upon an order made May 9,1884, which affirmed a judgment in favor of plaintiffs, entered noon a verdict. This action was upon an undertaking given on appeal to the General Term. The material facts are stated in the opinion. Where an appeal is taken from a judgment for the recovery of a chattel it does not stay the execution of the judgment, until the appellant gives a written undertaking in a sum fixed by the court below, or a judge thereof, to the effect that the appellant will obey the' direction of the appellate…
1Opinion of the CourtAndrews, J.
Under the Code no security is required to perfect an appeal to the General Term from a judgment. It is necessary only when the appellant desires a stay of proceedings pending the appeal. (Code, § 1351.) The giving of the undertaking in this case was, therefore, an idle ceremony, unless it was intended to secure tills object. The attorneys on both sides treated the undertaking as appropriate and effectual for that purpose. It was signed and acknowledged by the sureties, was approved by a judge, and filed in the office of the clerk, and a copy was served on the plaintiffs’ attorneys, accom…
2Cases cited4 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- Post v. . DoremusNew York Court of Appeals · 1875
- Cook v. . FreudenthalNew York Court of Appeals · 1880
- Seacord v. MorganNew York Court of Appeals · 1867
3Cited by35 opinions
- Concordia Savings & Aid Ass'n v. ReadNew York Court of Appeals · 1891
- McElroy v. . MumfordNew York Court of Appeals · 1891
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Montrose v. BaggottAppellate Division of the Supreme Court of the State of New York · 1914
- Zwecker v. LevineAppellate Division of the Supreme Court of the State of New York · 1909
30 more not listed; retrieve them via the Exa API.