Ex parte Hurlburt
This text of 8 Cow. 138 (Ex parte Hurlburt) 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.
Opinion
It does not lie with the appellee, to object that the bond is better than the statute gives him; though it do not exactly follow the statute. The provision for surrender is in favor of the appellant, which he may clearly waive. The statute says the penalty of the bond must be in double the amount of the judgment; but we have often held that it may be for more.
Motion denied.
Vid. Ex parte Eastabrooks, 5 Cowen, 27.
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8 Cow. 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-hurlburt-nysupct-1828.