New York Supreme Court, 1828

Ex parte Hurlburt

Ex parte Hurlburt
New York Supreme Court · Decided February 15, 1828
8 Cow. 138

Counsel

D. Qott, for the motion,, V. Birdseye, contra.

Ex parte Hurlburt

Opinion of the Court

Curia.

It does not lie with the appellee, to object that the bond is better than the statute gives him; though it do not exactly follow the statute. The provision for surrender is in favor of the appellant, which he may clearly waive. The statute says the penalty of the bond must be in double the amount of the judgment; but we have often held that it may be for more.(a)

Motion denied.

Vid. Ex parte Eastabrooks, 5 Cowen, 27.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.