Post v. Doremus
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon a case submitted under section 372 of the Code. (Reported below, 1 Hun, 521; 3 N. Y. S. C. [T. & C.], 626.) The facts stated are, in substance, these: Plaintiff brought an action, in the Supreme Court, against one John P. Hathorn, which resulted in a verdict for the latter.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon a case submitted under section 372 of the Code. (Reported below, 1 Hun, 521; 3 N. Y. S. C. [T. & C.], 626.) The facts stated are, in substance, these: Plaintiff brought an action, in the Supreme Court, against one John P. Hathorn, which resulted in a verdict for the latter. A motion for a new trial upon a case was made at Special Term and denied. On appeal, the General Term reversed the Special Term order, and granted a new trial. Hathorn appealed to this court;…
1Opinion of the CourtFolger, J.
It is plain that if the only object of Hathorn was to perfect an appeal to this court from the order of the General Term granting, a new trial, then the undertaking given by him was larger than it need have been. (Code, § 334.) It is plain, too, that if his object was to stay the proceedings of Post upon that order, the mere giving of the undertaking, as large as it was, did not effect that object. For that object could not be attained by him by any act of his alone, nor otherwise than by the order of the Supreme Court to that end, or by the stipulation thereto of his opponent. (Coithe v.…
2Cases cited5 opinions
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Mitchell v. ThorpNew York Supreme Court · 1830
- Coithe v. CraneNew York Court of Chancery · 1845
- McMahon v. AllenNew York Supreme Court · 1861
- Horner v. LymanNew York Court of Appeals · 1868