Collins v. Dunston — 69 N.Y.S. 1132

Majority

p. 1132

COLLINS et al., Respondents, v. DUNSTON, Appellant, et al. (two cases).

(Supreme Court, Appellate Division, Fourth Department.

March 19, 1901.)

Headnote

Actions by Anthony Collins and others, as executors, etc., against Emory W. Dunston, impleaded, etc.

Order reversed, without costs of this appeal, and a resale ordered in each case, upon condition that the appellant within 20 days gives a bond in the penalty of $250, to be approved upon notice by the county judge of Erie county, conditioned that the amount realized upon such resale shall be sufficient to pay the expenses thereof and at least $600 in addition thereto; and in the event that such bond is not given, the order in each case is affirmed, with costs. Order to be settled upon 2 days’ notice by Mr. Justice SPRING. All concur; LAUGHLIN, J., in result, who favors absolute reversal ‘of orders and a resale, upon the ground that the appellant’s attorney was entitled to service of notice of sale.