President, Directors & Co. of the Bank of Genesee v. Spencer
New York Supreme Court
Present, Johnson, Strong and Smith, Justices. This was a proceeding before the county judge of Genesee county, supplementary to execution. A reference was ordered for the examination of the defendant. From this order, the defendant appealed to the general term, where the order was affirmed. The defendant thereupon appealed to the court of appeals, and the appeal was there dismissed.
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Present, Johnson, Strong and Smith, Justices. This was a proceeding before the county judge of Genesee county, supplementary to execution. A reference was ordered for the examination of the defendant. From this order, the defendant appealed to the general term, where the order was affirmed. The defendant thereupon appealed to the court of appeals, and the appeal was there dismissed. The defendant then moved to set aside the execution, on which the proceeding was founded, on the ground that more than five years had elapsed since the rendition of judgment, and no leave to issue it had been…
1Opinion of the Court
By the court—Johnson, Justice.
A judge at chambers *16cannot make an absolute indefinite and continuing order, either to set aside or to stay proceedings. At most, he has only power to stay the proceedings for a time, as until the next term or until a rule nisi, has been applied for, so as to afford a party an opportunity of applying to the court to set them aside, or stay them generally. (3 Chit. Gen. Prac. 26; Tidd, 511.) We do not understand that the Code of Procedure has enlarged the powers of judges, at chambers, except in cases specially provided for. The general distinction between term…
2Cited by3 opinions
- In re WardNew York Supreme Court · 1892
- DeWitt v. DennisNew York Supreme Court · 1864
- People ex rel. Platt v. RiceNew York Supreme Court · 1893