Delamater v. Byrne

New York Supreme Court

Delamater v. Byrne

57 How. Pr. 170

DecidedApril 15, 1879

StatusPublished

This text of 57 How. Pr. 170 (Delamater v. Byrne) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delamater v. Byrne, 57 How. Pr. 170 (N.Y. Super. Ct. 1879).

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Opinion

Lawrence, J.

If it be conceded that, under section 1327 of the Code of Civil Procedure, an undertaking with one surety may be received as sufficient, the matter is purely within the discretion of the justice to whom the undertaking is submitted for approval; and I, therefore, deem it sufficient to say, that in this case, I see no reason for departing from the ordinary course of practice, which requires two sureties. The undertaking must, therefore, be rejected.

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Lawrence, J.

If it be conceded that, under section 1327 of the Code of Civil Procedure, an undertaking with one surety may be received as sufficient, the matter is purely within the discretion of the justice to whom the undertaking is submitted for approval; and I, therefore, deem it sufficient to say, that in this case, I see no reason for departing from the ordinary course of practice, which requires two sureties. The undertaking must, therefore, be rejected.

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Bluebook (online)

57 How. Pr. 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delamater-v-byrne-nysupct-1879.