Manhattan Railway Co. v. O'Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Christina O’Sullivan and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1th day of July, 1896, granting the plaintiffs’ motion for a stay of execution on the final order of the Appellate Division, pending an appeal by the plaintiffs from the said order of the Appellate Division to the Court of Appeals.
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Appeal by the defendants, Christina O’Sullivan and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1th day of July, 1896, granting the plaintiffs’ motion for a stay of execution on the final order of the Appellate Division, pending an appeal by the plaintiffs from the said order of the Appellate Division to the Court of Appeals. This proceeding was instituted for the condemnation of property under the provisions of the Code of Civil Procedure.
1Opinion of the Court
Per Curiam :
The order which was appealed from in this proceeding is a final order. (Code Civ. Proc. § 3311.) Whether an appeal lies to the Court of Appeals is a matter to be determined by that court (Barnum v. Seneca Co. Bank, 6 How. Pr. 82; Morrison v. Morrison, 16 Hun, 501), and cannot be considered upon the hearing of this motion. If the plaintiffs are entitled to review that order, it is quite clear that they should have either a stay of proceedings, or in some other way be protected in their rights during the pendency of the appeal. Under ordinary circumstances, where the question at…
2Cases cited1 opinion
- Barnum v. Seneca County BankNew York Supreme Court · 1851
3Cited by2 opinions
- Board of Education, Rio Rancho Public School District v. JohnsonNew Mexico Court of Appeals · 1998
- Pecksport Connecting Railway Co. v. WestNew York Supreme Court · 1897