Quigg v. International Shirt & Collar Co. — 73 N.Y. St. Rep. 44

Majority

p. 44

Edward C. Quigg, App’lt, v. International Shirt and Collar Company, Resp’t.

(Supreme Court, Appellate Term, First Department,

Filed Feb 26, 1896.)

Headnote

Appeals—Inferior courts—Security.

Upon an appeal from a judgment of the general term in the city court of. New York to the appellate term, security is not necessary.

Appeal from a judgment for defendant, and motion by respondent to dismiss the appeal for failure of appellant to give security.

Fromme Bros., for app’lt; D. Leventritt, for resp't.

Appeals from judgments of the general term of the city court of New York are governed by the provisions of sections 1340 and 1341 of the Code of Civil Procedure, together with the further provisions of titles 1 and 3 of the twelfth chapter of that act (Code, § 3192), except as modified by Code, §§ 3193, 3194. These latter do not affect the question before the court, viz. whether security is necessary to perfect such an appeal. Section 1340 of the Code (amended, Laws 1895, p. 840, c. 946) provides for appeals (such as the present) from “inferior and local courts heretofore heard by the court of common pleas for the city and county of New York,” etc., to the supreme court, after January 1, 1896 ; and the hearing and determination of such appeals is had at the appellate term. Code, § 3191, subd. 1. To perfect such an appeal, security is not required. Code, § 1341. Under former statutory conditions, security to perfect an appeal from a judgment of the city court of common pleas was held to be essential. Carling v. Purcell, 3 Misc. Rep. 55 ; 51 St. Rep. 835 . But

p. 45

by the amendment noted the call for such security was made to cease with the existence of that court, and with the beginning of the present appellate practice.

Motion denied, with $10 costs.

Cases cited

Carling v. Purcell 3 Misc. Rep. 55 N.Y.C.P. 1893-03-14 p. 44