Raymond v. . Richmond
New York Court of Appeals
Motion on the part of the appellant to strike the cause from the calendar, and cross motion on the pare of respondent to dismiss the appeal.
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Motion on the part of the appellant to strike the cause from the calendar, and cross motion on the pare of respondent to dismiss the appeal. The papers disclosed that judgment was perfected herein upon decision of the General Term, November 6, 1878; that a notice of appeal to this court was' served December 18, 1878, with a copy of undertaking, the original of which was filed: The papers were returned by respondent’s attorneys, upon the ground that the undertaking was defective, in that it did not conform to the requirements of the statute. The respondent’s attorney caused a return to be made…
1Per curiam
Under the Old Code, in order to perfect an appeal to this court, it wras necessary that the requisite undertaking should be executed before the notice of appeal was served, because section 340 required that a copy of the undertaking should be served with the notice of appeal.
Under the New Code, the notice of appeal may be served before any undertaking has been executed. (§ 1300.)
In such case the notice is one of the steps in the process of appealing, but it docs not become effectual for any purpose until an undertaking has been given.' (§ 1326.) The undertaking may be given at any time before…
2Cited by6 opinions
- Carling v. PurcellNew York Court of Common Pleas · 1893
- Howard Ins. Co. of New York v. SilverbergU.S. Circuit Court for the District of Northern California · 1898
- Beddow v. FlageNorth Dakota Supreme Court · 1910
- Ferris v. TannebaumNew York Court of Common Pleas · 1891
- Regan v. Superior CourtCalifornia Court of Appeal · 1910
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