Legal Opinion
Deyo v. Morss
New York Supreme Court
Decided May 15, 1891PublishedCited by 2 opinions
Appeal from special term, Albany county. Action by Edmund Deyo against Forster B. Morss, as executor, etc., and others.
1Opinion of the CourtLearned, P. J.
This court, and many other courts of record, can stay proceedings by order in actions pending before them. But a court cannot, by order, stay proceedings in an action pending in another court of record. Belief of that general nature must be obtained, when proper, by injunction. The plaintiff cites us to no case to sustain his practice. 8 Pom. Eq. Jur. § 1371, speaks only of injunctions. Bank v. Habel, 80 N. Y. 273, was the case of an injunction. So was Rogers v. King, 8 Paige, 210. The distinction is plain and important. An injunction cannot be granted without security. Code, § 620. And it is…
2Cases cited2 opinions
- Rogers v. KingNew York Court of Chancery · 1840
- German Savings Bank v. . HabelNew York Court of Appeals · 1880
3Cited by2 opinions
- Griesa v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1908
- Gould v. Edison Electric Illuminating Co.New York Supreme Court · 1899