Green v. Winter
New York Court of Chancery
' THE petition stated the previous proceedings in this •cause from the filing of the bill to the decree, in May last, (Vide S. C. ante, p. 26.;) that an appeal had been entered from this decretal order, which the master, before whom the account was ordered to be taken, considered as suspending the execution of that order; that the defendant was directed to pay the costs in the several cases mentioned, and on the dismissal of the appeal, heretofore entered by the defendant,…
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' THE petition stated the previous proceedings in this •cause from the filing of the bill to the decree, in May last, (Vide S. C. ante, p. 26.;) that an appeal had been entered from this decretal order, which the master, before whom the account was ordered to be taken, considered as suspending the execution of that order; that the defendant was directed to pay the costs in the several cases mentioned, and on the dismissal of the appeal, heretofore entered by the defendant, the whole of which costs, amounting to 171 dollars and 75 cents, were unpaid, and the defendant committed for a contempt…
1Opinion of the Court
The Chancellor.
This application brings up the question, how far an appeal to the court above suspends the proceedings in this court.
*80The rule now, in England, is, that an appeal does not stay proceedings. Lord Eldon frequently declared the rule, and he said it had been adopted in the house of lords, that appeal did not stay proceedings m chancery, unless by special. order of the house. ( Warden, &c. of St. Paul's v. Morris, 9 Ves. 316. Gwynn v. Lethbridge, 14 Ves. 585.) He said he considered himself as acting, in that case, under the authority of the house of lords, and that, if the rule was…
2Cited by14 opinions
- Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- Messonier v. KaumanNew York Court of Chancery · 1817
- Riggs v. MurrayNew York Court of Chancery · 1817
- Lyman v. LymanU.S. Circuit Court for the District of Vermont · 1829
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