Hill v. . Burke
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon an undertaking executed by the defendants, of which the following is a copy : “ NEW YORK SUPREME COURT—County New York. BROWNLEE BENSEL, Respondent, against ANTHONY J. OLIVER, Appellant. Undertaking on appeal from a judgment directing the payment of money.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon an undertaking executed by the defendants, of which the following is a copy : “ NEW YORK SUPREME COURT—County New York. BROWNLEE BENSEL, Respondent, against ANTHONY J. OLIVER, Appellant. Undertaking on appeal from a judgment directing the payment of money. Whereas, on the 8th day of October, 1869, in the Supreme Court, held in and for the county of New York, Brownlee Bensel, the above named…
1Opinion of the CourtMiller, J.
The undertaking upon which the plaintiff claims to recover in this action was intended to comply with the requirements of the Code in case of an appeal to the -Court of Appeals, where the appellant desired a stay of proceedings upon the judgment from which the appeal is taken. (See Code, §§ 334, 335.)
It is insisted by the counsel for the defendant that the judge erred upon the trial in refusing to dismiss the complaint, upon the grounds that there was no proof of the service of the notice of appeal on the adverse party, and on the clerk, and of the filing of the same at the same time with the…
2Cases cited4 opinions
- Ex parte EastabrooksNew York Supreme Court · 1825
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Webster v. StephensThe Superior Court of New York City · 1856
- Mills v. ThursbyNew York Supreme Court · 1854
3Cited by12 opinions
- Byrnes v. PalmerAppellate Division of the Supreme Court of the State of New York · 1897
- Manning v. . GouldNew York Court of Appeals · 1882
- Hemmingway v. . PoucherNew York Court of Appeals · 1885
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Parrott v. KaneMontana Supreme Court · 1894
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