 | Marcus Tullius Hun - 1885 - 780 pages
...a copy thereof ; and a notice of the allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify and procure...the same as if the undertaking had not been given." The effect of a failure to justify by the sureties was held, in Manning v. Gould (90 NY, 476), to relieve... | |
 | New York (State) - 1876 - 398 pages
...allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify, and to procure an allowance, is the same, as if the undertaking had not been given. ' § 1336. Where final judgment is rendered in the court below, after the affirmance, upon an appeal... | |
 | New York (State), William Wait - 1877 - 662 pages
...allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify, and to procure an allowance, is the same, as if the undertaking had not been given. Code Pro., § 341, amended; Wait's v. Doremu», 3 NY Sup. Ct. (T. & C.) Code, 676; 4 Wait's Pr. 226.... | |
 | New York (State) - 1879 - 436 pages
...allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify, and to procure an allowance, is the same, as if the undertaking had not been given. frome!finai ^ 1336. Where final judgment is rendered in the court below, after judgment the affirmance,... | |
 | New York (State) - 1880 - 668 pages
...allowance must be served upon the attorney for the exceptant. The effect of a failure BO to justify, and to procure an allowance, is the same, as if the undertaking had not been given.(") [Co. Proc., § 341, amended by making the time to except run frou. the service of a copy of the undertaking,... | |
 | New York (State) - 1881 - 1532 pages
...allowance must be served upon the attorney for the exceptunt. The effect of a failure BO to justify, and to procure an allowance, is the same, as if the undertaking had not been given. Co. Proc., 1 341, ara'd. Gopflll ». Decker. 1 Hun, 62S. (1) Webster •. gtriihuirf,! Abb. 227; 6... | |
 | George D. McCarty - 1882 - 566 pages
...undertaking or a copy thereof. The section then declares: "The effect of a faihire so to justify, and to procure an allowance, is the same, as if the undertaking had not been given/' The meaning of this language is too obvious to admit of doubt. Failure of the sureties to an undertaking... | |
 | New York (State) - 1882 - 806 pages
...served upon the attorney for the exceptant. The effect of a failure so to justify, and to procure uu allowance, is the same, as if the undertaking had not been given." § •-.'. This act shall take effect immediately. But the amendment when act made by this act to section... | |
 | 1883 - 524 pages
...undertaking or a copy thereof. The section then declares : " The effect of a failure so to justify and to procure an allowance is the same as if the undertaking had not been given." ['] The meaning of this language is too obvious to admit of doubt. Failure of the sureties to an undertaking... | |
 | New York (State), Charles David Rust - 1885 - 814 pages
...and a notice of the allowance must be served upon the attorney i'or the acceptant. The effect of S failure so to justify, and procure an allowance, is...the same as if the undertaking had not been given. § 1336. Where final judgment is rendered in the court below, after (lie affirmance, upon an appeal... | |
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If the court or judge finds the sureties sufficient he must indorse his allowance of them upon the undertaking, or a copy thereof, and a notice of the allowance must be served upon the attorney for the exceptant. The effect of a failure so to justify... 
