Commercial Banking Corp. v. Martel

MANDELBAUM, District Judge.

Plaintiff, a foreign corporation, obtained a judgment against the defendant after trial. On appeal, this judgment was reversed and a new trial ordered. The order on mandate fixed the defendant’s costs at $524.15 which were duly taxed and a judgment entered therefor.

The defendant now seeks a stay of the trial for a period of sixty (60) days after the payment by the plaintiff to it of the said judgment for costs.

There appears to be no provision in the United States Code Annotated or in the Federal Rules of Civil Procedure, 28 U.S.C.A. following Section 723c, for a…