New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-21
COURT OF COMMON PLEAs-srEcIAL TEsN-MAr 30
before Judge BrADv-
ArPTAIS FROM MARINE COURT.
Il

st.mhsg. agt. Schmidt.
BR,pY 1.-The appeal from the Judgment OF SIN
Gle Justice Of the Marine Court the Justices at the General
Term be taken in tho same manner az appeals IN he s
meme Court from the decision single Juds the General
Fm Act Of lGy The appeal from the Judgment OF sin.
se Judge of the supreme Court to the GENERAL Term 10 iu-
lated by 3s Of tn. Code OF Procedure which provides
that sppes does not stay the unless security
be given upon appeal to tn" Court of Appea OF unless
the Court Juds thereof ~ orders &c No order in refer
.r 10 the security h. given made In this scon IN the
below. To render an apPes to the Court ct Appeal, e
tectu for ppos written UNDERTAKING n.t be executed
on the par' OF the appellant by at least two surrte'
10 the effect that the appellant will pay all the costs and dam
ages which may be awarded against him on he appeal not x
ceedng 80 (secon SJ. 1.-THE appeal BE- from Judgment
OF the Judgment unless written under'ekns o. GA
the part the sppen, by al least two sueies 10 the effect
that tf The 5I p1es the amour: irc:cd 70 be paid BY
the Judgment The part such amount to which the udg
damages wh shall be aded against the appellant on the
spp sectou $50 and undertaking upon an appeal shall be
.urr. tina. they each worth double the smount specified
thrria C.ecto 5i when tho appeal Is! PERFECTED a.
Ing. in the Court below section S1J. The un,
deI;ssns hed in The Court below S,r On Sn, me R'
Of cstop arr deficient The amount specified III the IN
Ss1,Ens and referred 10 BY section AL the asgres,e
respondent for and damages and the uscaon SHOULD
hs,r been in double s amount and no. only in $50 Ia
nouut Of the dsmeni sad the Of 30 must be added
ioseh, and the scure. must justify IN double the soah.
b. recovered On appeal. the Marine Court are determined
by statute does not d.pnse with compliance WIN tne Iy
a. 10 ID. manner of tasns tie appeal An undeaAins when
provided o the payment II the judgment and all h" DAMAGES
emitting costs. although the Justification ample "as held 70
br nufcirnt The NUT be- complied With Chemqus
Csra Bank sgt Jud.on 10 How Pr X ID Inc Ju-shcato
herein compyiug with section 5 the undrrtasng wss
no eject, no stay followed and the plaintiff could proceed
with the execution The sppean how can be relieved
section 81 which rroyite, ha when parry sha se
good faith sppes judgment 'ni 'haI ou
through mistake other ,ci necessary 70 price, lhe
appeal OF ,tay proceeding the eouF' may permit SH
amendment On such termI may BE- just -. -,
T. seems that the goods sized under the e1ecu nae Oee
aimed By IN az action oIoI9A 40 - l1su
that tie u,ia having ke UNDERTAKING PROVIDED ~ SEC
ton 2I should 10, De substituted by The appel That
M and can .Kere,. n with oil it, adv antages, although be-
vrsn his judgment creditors and hi; mortsatss ny Do
pending the property seized lie 49, M, nr
he Ia. redusry inefe't admitting the moEss 10 De ,c
though BIZ might discharge the mortgage ne tu.u ~ '''
the .ae under the execution without perectins MS spp-s
Oyssred-Thst the defendant have hve days tom ae NY '
q .h. order perfect his sppsal 20 .ns d
and proceedings stayed IN the mean 'inie Oh INC
NJ costs 20 either party.