Smith v. Lynes — 2 N.Y. 569

Majority

p. 569

Smith, appellant, vs. Lynes and others, respondents.

Headnote

Where, in an action of replevin, two different sums of money were adjudged to different defendants, but only one record was made, and the plaintiff appealed to this court; held} that only one undertaking to pay costs and damages on the appeal in the sum of $250 was necessary.

Smith brought replevin against Lynes and three others, m the superior court of the city of New-York: Lynes appeared by one attorney, and the three other defendants by another; the two attorneys having no connection in business. Judgment was rendered that Lynes recover $2008,78 against the plaintiff, and that the three other defendants recover against the plaintiff $412,93. There was but one judgment record. The plaintiff appealed to this court; and gave an undertaking, pursuant to the 335th section of the code, to pay the two sums adjudged to the defendants, in case the judgment should be affirmed: and he also gave another undertaking, pursuant to the 334th section of the code, to pay all costs and damages which might be awarded against him on the appeal, not exceeding $250.

B. W. Bonney, for the respondent Lynes,

moved to dismiss the appeal, on the ground that there should have been two undertakings in the sum of $250 each; one to Lynes, and one to the other three defendants.

S. Stevens, for appellant.

There is but one judgment, though it is for two sums of money: and as the appellant has given security for both of those sums, and a further undertaking for all costs and damages which may be awarded against him, not exceeding two hundred and fifty dollars, there has been a full compliance with the statute.

Motion denied.