Wheeler v. McCabe
New York Court of Common Pleas
Appeal from the general term of the Marine Court. The facts are stated in the opinion.
1Opinion of the CourtBobinson, J.
This is an appeal from a judgment recovered in the Marine Court against the defendant, upon an undertaking given on an appeal from a judgment (rendered by a single judge against the defendant McCabe) to the general term.
As required by the act of 1853 (L. 1853, c. 617), that appeal was taken in the same manner and with like effect as appeals to the general term of the Supreme Court from a single judge, and upon like security as required by sections 334 and 335 of the code (Robert v. Donnell, 31 N. Y. 446). As in that case it was intended to stay proceedings on execution, the undertaking was,…
2Cases cited8 opinions
- Fry v. BennettThe Superior Court of New York City · 1858
- Maltby v. GreeneNew York Court of Appeals · 1864
- Bates v. . VoorheesNew York Court of Appeals · 1859
- Genter v. FieldsNew York Court of Appeals · 1864
- Harper v. HallNew York Court of Common Pleas · 1865
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3Cited by1 opinion
- Fowler v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1921