Van Kleeck v. Nichols
New York Supreme Court
This case was at issue and noticed for trial by the plaintiff for the Dutchess circuit, to be held at Poughkeepsie, Juñe 12, 1882. Nine days before the circuit the defendant’s attorney served motion papers that the plaintiff render a more definite bill of items, to be heard on the twentieth of June, at the special term in Hudson.
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This case was at issue and noticed for trial by the plaintiff for the Dutchess circuit, to be held at Poughkeepsie, Juñe 12, 1882. Nine days before the circuit the defendant’s attorney served motion papers that the plaintiff render a more definite bill of items, to be heard on the twentieth of June, at the special term in Hudson. At the same time the defendant’s attorney procured from justice Osbobh, at his chambers in Catskill, an order staying proceedings until the hearing and decision of said motion, which was served with the motion papers. No action was taken by the plaintiff’s attorney…
1Opinion of the CourtWestbrook, J.
The general rules of practice cannot be inconsistent with the Code (Sec. 17).
A judge of the supreme court has.power to stay proceedings in an action.
Rule 37, though a wise rule, which a judge could properly respect, is inconsistent with the statute.
A judge has power by law to stay proceedings in. an action, and no rule can prevent the operation of his order (People ex rel. Mayor of New York agt. Nichols, 79 N. Y., 582). *405There was no power in this court or another judge, without notice, to vacate the order. A vacation without notice can only he granted by the judge who made the order.
It…
2Cases cited1 opinion
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
3Cited by1 opinion
- Irving Weinberg Dress Co. v. GoldstickerAppellate Terms of the Supreme Court of New York · 1926