Langley v. . Warner
New York Court of Appeals
On the 27th of September last Langley and Langley, as plaintiffs, recovered a judgment against Warner in the superior court of the city of New-York for $185.19. On the 2oth of October following, Warner gave notice of an appeal, and an undertaking was executed in pursuance of the 281th section of the code of procedure ; but there was no such undertaking as is required by the 283d section: and on that ground,
1Opinion of the Court
Bronson, J.. To render an appeal effectual for any purpose, there must be an undertaking that the appellant will pay all costs and damages which may be awarded against him on the appeal, not exceeding two hundred and fifty dollars. (Code, § 283.) When the judgment is for the payment of money, and a stay of execution is desired, the sureties must go further! and undertake that the appellant will pay the amount of the judgment, so far as it shall be affirmed, and all damages which shall be awarded against the appellant on the appeal. (§ 284.) The undertaking in this case conforms to this…
2Cited by4 opinions
- Kelsey v. CampbellNew York Supreme Court · 1862
- Dooley v. FosterSupreme Court of Kansas · 1870
- Culliford v. GaddNew York Court of Appeals · 1892
- Hooker v. TownsendNew York Supreme Court · 1884