Forbes v. Oaks
New York Supreme Court
Motion for an order staying plaintiffs’ proceedings. The plaintiffs obtained at special term an order directing a reference to take and state an account between the parties, late partners. The defendants appealed from this order to the general term. They deposited $250 with the clerk as security upon this appeal.
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Motion for an order staying plaintiffs’ proceedings. The plaintiffs obtained at special term an order directing a reference to take and state an account between the parties, late partners. The defendants appealed from this order to the general term. They deposited $250 with the clerk as security upon this appeal. The defendants now moved, upon an affidavit that plaintiffs were proceeding under the order of reference, notwithstanding the appeal, for an order staying proceedings on the part of the plaintiffs.
1Opinion of the CourtCleeke, J.
The general impression is, that no security is necessary on appeals from orders; the words “in like manner” in section 349, being synonymous with-“also,” besides signifying the branches of the court from which and to which the appeal *121lies, having no reference to security. If, therefore, no security is provided for, that appeal does not per se stay proceedings merely by filing security as in section 348, which expressly states that giving security shall have that effect.
The stay in my opinion must in all cases be obtained by special direction of a judge when the appeal is pursuant to section…
2Cited by1 opinion
- Hoyt v. TerwilligerNew York Supreme Court · 1872