Natl. Sav. Bank v. Slade
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by the ^National Savings Bank of the City of Albany against William S. Slade to foreclose a mortgage. From an order denying a motion to compel plaintiff to receive an undertaking on appeal from a judgment of foreclosure and sale as a full compliance with Code Civ. Proc. §§ 1326,1331 (42 N. Y. Supp. 455), defendant Slade appeals. Dismissed.
1Per curiam
The motion upon which the order appealed from was made was simply a request to the court to declare that the undertaking filed and served by defendant was in proper form to effect a stay of proceedings pending an appeal from the judgment in this action. The statute prescribes what shall effect a stay. If the undertaking given by defendant was such as required by the statute for that purpose, the stay was effected, and no order was necessary, and no order assuming to effect a stay could aid him. Grow v. Garlock, 29 Hun, 598. The defendant called for the action of the special term, conceding it…
2Cases cited1 opinion
- People Ex Rel. Geer v. Common Council of TroyNew York Court of Appeals · 1880
3Cited by2 opinions
- Burnett v. TiptonCourt of Appeals of Texas · 1935
- National Sav. Bank v. SladeAppellate Division of the Supreme Court of the State of New York · 1897