Lane v. Humbert
New York Court of Common Pleas
Motion to dismiss appeal. Action by George W. Lane and others against Elias O. Humbert. There was a judgment for plaintiffs, and defendant appeals. Respondents now move to dismiss the appeal for want of prosecution and for irregularity.
1Per curiam
Section 1326 of the Code provides that, to render an appeal effectual for any purpose, the appellant must give a written undertaking to the effect that he will pay all costs and damages which will be awarded against him on the appeal, not exceeding $500. This the appellant did not do, but, instead, procured an order from a judge of the city court staying proceedings on the part of the respondents pending the appeal to this court upon the deposit of $100 with the clerk of that court in lieu of the required undertaking. Section 1306 of the Code provides that, where a deposit of *745money is made…
2Cited by5 opinions
- Carling v. PurcellNew York Court of Common Pleas · 1893
- McMurray v. LiddellAppellate Division of the Supreme Court of the State of New York · 1929
- Gregory v. FichtnerNew York Court of Common Pleas · 1891
- People v. LevyNew York Supreme Court · 1915
- Schnitzer v. WillnerNew York Court of Common Pleas · 1893