Smith v. Crouse

By the Court, Birdseye, J.

This case is a controversy submitted without action, pursuant to sections 372-4 of the code of procedure. The facts out of which the question of difference arises, are the following.

The present plaintiff brought an action in a justice’s court, against one Morris S. Traver, and recovered judgment against him for $25 damages, together with costs of the suit. Brom such judgment Traver appealed to the county court of Dutchess county. In order to stay the issuing of execution on the judgment, Traver and the present defendant, Crouse, united in an undertaking, which, after…