Legal Opinion

Architectural Iron Works v. . City of Brooklyn

New York Court of Appeals

Decided June 21, 1881PublishedCited by 10 opinions

This- was a motion to, strike this cause from the calendar. The plaintiff recovered a judgment against the defendant in the City Court of Brooklyn for $12,515.97. It was reversed by the General Term of that court, and a new trial granted. The plaintiff appealed from that order and, claiming to sue as trustee, obtained from the City Court an order dispensing with security on the appeal. The defendant appealed from that order, and its appéal is still pending.

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This- was a motion to, strike this cause from the calendar. The plaintiff recovered a judgment against the defendant in the City Court of Brooklyn for $12,515.97. It was reversed by the General Term of that court, and a new trial granted. The plaintiff appealed from that order and, claiming to sue as trustee, obtained from the City Court an order dispensing with security on the appeal. The defendant appealed from that order, and its appéal is still pending. It then made this motion, upon the ground that the undertaking required to perfect the appeal by the plaintiff from the order granting a…

1Opinion of the Court

Danforth, J.,

reads for granting motion unless appellant, within twenty days after entering order, files and serves an undertaking in the form required to perfect appeal under section ■ 1326 of the Code of Civil Procedure and pays to the respondent $10 costs, in which case motion denied.

All concur.

Ordered accordingly.

2Cited by10 opinions

  1. Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911
  2. Bulkley v. Whiting Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
  3. Ferris v. TannebaumNew York Court of Common Pleas · 1891
  4. Guilfoyle v. PierceAppellate Division of the Supreme Court of the State of New York · 1897
  5. Aldrich v. Public Opinion Pub. Co.South Dakota Supreme Court · 1911

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