Briggs v. Brown
New York Supreme Court
Motion to suspend lien of judgments, &c. The defendant recovered judgment at special term for costs. The plaintiff appealed to general term, which gave judgment affirming the judgment at special term and awarding costs of appeal. The defendant issued execution, on both judgments.
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Motion to suspend lien of judgments, &c. The defendant recovered judgment at special term for costs. The plaintiff appealed to general term, which gave judgment affirming the judgment at special term and awarding costs of appeal. The defendant issued execution, on both judgments. The plaintiff then appealed to the court of - appeals, and, having given an undertaking securing payment of costs in the court of appeals, and of the sum awarded by the judgment at general term, moved to suspend the lien of both judgments and to discharge levies made in execution thereof.
1Opinion of the CourtBrown, J.
The undertaking on appeal must be in such form as to secure the original judgment, rendered February 28, 1883. This undertaking does not do *482that, but secures the judgment appealed from, viz : the judgment for costs at general term (see §1332, and notes in Throop’s Code ; Morss v. Hasbrouck, 10 Abb. N. C. 407).
The sureties must also have notice of the motion (§ 1311).'
The motion is therefore denied, with costs.
2Cases cited1 opinion
- Moses v. HasbrouckNew York Supreme Court · 1882
3Cited by2 opinions
- Hennion v. Kipp, New York County Courts1898
- McElroy v. MunfordNew York Supreme Court · 1891