New York Supreme Court October 15, 1834 (Seymour v. Dascomb)

*585

By the Court,

Nelson, J.

The appeal by M’Kimby was duly made within the time limited by the statute but the execution having been issued on the judgment on the day it was rendered, and the property of the defendant having been levied upon, and he, to relieve the same from the execution, having paid the amount thereof to the constable, who, on the production of the justice’s certificate,