Citation Numbers: 13 N.J. Misc. 228
Judges: Lloyd
Filed Date: 3/9/1935
Status: Precedential
Modified Date: 7/25/2022
Plaintiff below recovered a judgment against one Gaetano M. Belfatto in the District Court. An appeal was taken by Belfatto to the Supreme Court and there affirmed. In order to take this appeal and to stay execution the defendant gave bond conditioned for the payment of the judgment, interest and costs if the judgment in the District Court were affirmed. The judgment was affirmed and a remittitur filed in the District Court remitting the cause to that tribunal, whereupon execution against the principal having failed, the present action was brought against the suretj*- on the bond.
The defenses filed were that the state of demand did not disclose a cause of action; that there had been an appeal of the principal cause from the Supreme Court to the Court of Errors and Appeals and a bond filed in that proceeding. The case was called for trial and the proofs disclosed the judgment, its affirmance, the issuance of an execution without result and the present action.
There was judgment for the plaintiff. The defendant appeals, specifying as causes for reversal error in the denial of his motion for direction, because the bond entered in the appeal to the Court of Errors and Appeals discharged his obligation on the present bond, denial of his motions, and various other grounds not brought to the attention of the court below or not adequately stating a ground of appeal in compliance with the rules of the court.
On the foregoing statement of the facts there is but one question before this court and that is whether the court below should have granted the motions for nonsuit and direction on the grounds stated. It is quite obvious that these grounds were insufficient to arrest the progress of the trial.
The judgment is affirmed.