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Birdsall v. Searls

6 N.Y. St. Rep. 863 Court N.Y. Decision date 1887-03-02 English

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Majority

p. 863
WALLACE P. BIRDSALL et al. v. WELLINGTON B. SEARLS and ANOTHER.

Headnote

Stay of proceedings—Necessary security to entitle party to—Code Civ. Pro., § 1331.
Appeal from order denying motion for stay.
W. T. Birdsall, for app'lt; Sidney Ward, for resp’t.

We think the security required to be given to entitle the appellants to a stay in this case is that provided for in section 1331 of the Code. An undertaking in the sum of §1,500 will suffice to secure all that the defendants are entitled to during the pendency of the appeal.

The order should be modified accordingly, with costs to abide event.