13 Abb. N. Cas. 481
Decided April 15, 1884
New York Supreme Court · decided 1884-04-15
<p>Undertaking on Appeal; Code Civ. Pbo. §§ 1356, 1311, 1333.</p> <p>To effect a stay, the undertaking on appeal from a judgment affirming a money judgment must, under Code Civ. Pro. § 1333, secure the judgment so affirmed.</p> <p>On an application made under section 1356 or section 1311, to mark a judgment secured on appeal, the sureties must have notice.</p>
Decided 1884-04-15
¶1The 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).
¶2The sureties must also have notice of the motion (§ 1311).'
¶3The motion is therefore denied, with costs.