Clute v. . Knies
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 29, 1884, which affirmed a judgment in favor of the plaintiff, entered upon a decision of the court, on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The liability of the sureties on the undertaking was terminated by the judgment dismissing the complaint. (Bouv. Law Diet., tit.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 29, 1884, which affirmed a judgment in favor of the plaintiff, entered upon a decision of the court, on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The liability of the sureties on the undertaking was terminated by the judgment dismissing the complaint. (Bouv. Law Diet., tit. Judgment; Freeman on Judgm., § 12; Weston v. Charleston, 2 Pet. 175; Code, §§ 1209, 1220, 1301, 1316; Disbro v. Disbro, 37 How. Pr. 147;…
1Opinion of the CourtEakl, J.
In 1874 the plaintiff commenced an action of ejectment against the defendant Emmerick and afterward made an application for the appointment of a receiver of the rents of the land claimed pending the action. Thereupon, to avoid the appointment of a receiver, Emmerick consented to the entry of the following order on the 2d day of May, 1874: “A motion having been made herein for an order appointing a receiver of the rents of the premises described in the complaint during the pendency of the action, the defendant objecting thereto, but consenting that an order be made and entered herein in lieu…
2Cited by8 opinions
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- Henkleman v. PetersonIllinois Supreme Court · 1895
- Devereux v. Sun Fire Office of LondonNew York Supreme Court · 1889
- Nourse v. WeitzSupreme Court of Iowa · 1903
- Mackellar v. FarrellThe Superior Court of the City of New York and Buffalo · 1890
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