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13 How. Pr. 461

Hoppock v. Cottrell

New York Supreme Court

Decided January 15, 1857

New York Supreme Court · decided 1857-01-15

This was a motion, that the judgment in this action be entered upon the clerk’s'docket as “secured upon appeal,” according to § 282 of the Code.

Decided 1857-01-15

Clerke, Justice.

¶1In appeals from a single judge to the general term, an appeal does not stay'proceedings unless security be given as upon an appeal to the court of appeals. (§348.)

¶2In Newton agt. Harris, (1 Code, R. N. S. p. 191,) it is decided, in order to have this effect in an appeal to the court of appeals, the sureties must justify in double the amount (|250) required to be inserted in the undertaking, to cover the costs of the appeal.

¶3The undertaking in this case is deficient in this very respect; the sureties justify only in double the amount of the judgment, without reference at all to the security for costs. It cannot, therefore, properly stay proceedings; and, by § 282, this motion cannot be granted unless the undertaking is sufficient to stay the execution.

¶4Motion denied, with $5 costs.

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