31 A.D. 312 | N.Y. App. Div. | 1898
Order affirmed, with ten dollars costs and disbursements, on opinion of Stoveb, J., in the court below.
Present — Van Bbunt, P. J., Rumsey, Pattebson and Ingbaham, JJ.
The following is the opinion of Stoveb, J.:
The application is to fix security under section 1331 of the Code, and, upon the fixing of the amount thereof, that a stay be granted. The action is one of foreclosure, and judgment of foreclosure and sale has been perfected in favor of the plaintiff. The appeal is taken by a party who is neither in possession of the premises nor against whom a judgment of deficiency is awarded by the judgment. 1
Order signed.