Mexican National Construction Co. v. Reusens — SCOTUS Brief (1885)
[Reusens SCOTUS Case (1885)] Y., 458; but an examination of that decision will show that it has no application to this ase ; all the Court decided in that case, was that upon an appeal to the Court of Appeals of the State of New York, the appellee had a right to in- sist that the appellant should give an undertaking with two sureties, as required by section 1334 of the Code. The decision is based upon the ground that inasmuch as such an undertaking does not re- quire approval by a judge or officer, and is not one whose sufficiency is made to depend upon the ap- proval of a judge or officer, Chapter 486 of the Laws 4 of New York for 1881, was not, as to an undertak- ing on appeal to the Court of Appeals, incon- sistent with, and did not repeal, said section 1334. Itcannot be deduced from. this decision, that such an undertaking is not perfectly good and valid, and affords ample security, nor that sections other than 1334. of the Code are not inconsistent with Chapter 486, and repealed or modified thereby. For in- Stance : | SECTION 687 gives a defendant the right to apply for an order to discharge an attachment issued in the - action, SEcT.