President of Chemung Canal Bank v. Judson
New York Supreme Court
Judgment was entered and perfected in the Chemung county clerk’s office in favor of the defendant, against the plaintiffs for $456.68 on the 9th of May, 1854. On the 15th of the same month written notice of the judgment was served on the plaintiff's attorney. On the 24th of the same month the plaintiffs attorney served upon the defendant’s attorney notice of appeal from the judgment to the general term.
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Judgment was entered and perfected in the Chemung county clerk’s office in favor of the defendant, against the plaintiffs for $456.68 on the 9th of May, 1854. On the 15th of the same month written notice of the judgment was served on the plaintiff's attorney. On the 24th of the same month the plaintiffs attorney served upon the defendant’s attorney notice of appeal from the judgment to the general term. On the 25th a copy order for time to make a case or hill of exceptions was served on the defendant’s attorney. On the 26th notice of the appeal was served on the clerk of Chemung county. On…
1Opinion of the Court
Welles, Justice.
An appeal from a judgment at the circuit or special term does not stay the proceedings, unless security is given, as upon an appeal to the court of appeals, or unless the court or a judge thereof so order, &c. {Code, § 348.) There was no order of the court or a judge directing the appeal to operate as a stay of proceedings. ■ The question is, whether the security given should have that effect.
To render an appeal to the court of appeals effectual for any purpose, a written undertaking must be executed on the part of the appellant, by at least two sureties, to the effect that…