New York Supreme Court, 1884

Briggs v. Brown

Briggs v. Brown
New York Supreme Court · Decided April 15, 1884 · Brown
13 Abb. N. Cas. 481

Counsel

L. B. Bunnell, for motion., L. E. Opdycke, opposed.

Briggs v. Brown

Opinion of the Court

Brown, J.

The undertaking on appeal must be in such form as to secure the original judgment, rendered February 28, 1883. This undertaking does not do *482that, but secures the judgment appealed from, viz : the judgment for costs at general term (see §1332, and notes in Throop’s Code ; Morss v. Hasbrouck, 10 Abb. N. C. 407).

The sureties must also have notice of the motion (§ 1311).'

The motion is therefore denied, with costs.

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