Ruth & Clark, Inc. v. Emery

- The, question herein arises out of an appeal from an order staying proceedings in an equity case for foreclosure of mechanic’s lien and other equitable relief.

On October 26, 1943, defendant Robert J. Fitz filed in the district court application for stay of proceedings under the provisions of the Soldiers’ and Sailors’ Civil Relief Act of 1940 [50 U. S. C., sections 501 et seq.]. This application was resisted but on hearing the district court sustained the application and entered an order staying proceedings in the entire case. From the order of May 15, 1944, staying proceedings, plaintiff,…