Civil Procedure Reports Containing Cases Under the Code of Civil Procedure And

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Civil Procedure Reports Containing Cases Under the Code of Civil Procedure And
Geo D George D Mccarty
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N. Y. SUPERIOR COURT, GENERAL TERM, MAY, 1884.
1328, 1329, 1335. Replevin. Undertaking on appeal. When sureties will &e held Halle on.
Where both parties request the direction of a verdict, (here is no question of fact to be reviewed by the appellate court.
Though an undertaking on appeal be defective in form, and not suffi- cient to give a stay of proceedings, yet as against the sureties it may be supported by any sufficient consideration. The burden of proving this is upon the party seeking t
...o charge the sureties, but it may be shown by circumstantial evidence.
Where a defective undertaking is made for the purpose of obtaining a stay, and respondent at appellant's request withdraws his excep- tion thereto, and the undertaking is approved on consent, and used to obtain a stay, and respondent relying solely on it does not issue execution, the sureties will be held liable thereon, especially when it does not appear that they knew of or took action on the excep- tion to the undertaking.


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