15 N.Y.S. 295 | New York Court of Common Pleas | 1891
On the trial the learned judge, after admitting in evidence the notice of appeal to the court of appeals, served before the answer, excluded evidence of the undertaking on appeal, executed after the answer, on the ground that it should have been pleaded by supplemental answer; and then, because the defendants had failed to prove a supersedeas by the pendency of an appeal, the. court gave judgment for the plaintiff. Whether those rulings were correct is the only question for adjudication. The conduct of the court