Carter v. . Hodge
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered June 15, 1894, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on a trial without a jury.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered June 15, 1894, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on a trial without a jury. This action was brought against defendants as sureties upon an undertaking given on appeal by the Buffalo Carette Company to the General Term of the Superior Court of Buffalo, from an order denying a motion for a new trial made on the minutes in an action by the respondent herein against that company, in which he recovered a judgment for damages and costs. The undertaking was filed and…
1Opinion of the Court
Andrews, Ch. J.
No security was required to perfect the appeal to the General Term from the order denying the motion for a new trial. (Code, § 1351.) But the taking of the appeal did not, ijsso facto, stay proceedings on the judgment. They could only be stayed by an order of the court directing a stay. (Id.) The giving of the undertaking on an appeal from the order was ineffectual for that purpose. It was the voluntary act of the defendants in the judgment, not directed by the court, and no order was obtained staying the proceedings. The attorneys for the appellants on the appeal from the…
2Cases cited1 opinion
- Wing v. . RogersNew York Court of Appeals · 1893
3Cited by7 opinions
- Harney v. HarneyAppellate Division of the Supreme Court of the State of New York · 1905
- National Surety Co. v. CraigSupreme Court of Oklahoma · 1923
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1904
- In re the Accounting of LuckenbachNew York Surrogate's Court · 1943
- In re the Estate of BehnckeNew York Surrogate's Court · 1939
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