In re Pye
Appellate Division of the Supreme Court of the State of New York
Appeal by Isaac E. Eye and others from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Rockland on the 13th day of August, 1897, staying their proceedings upon an order, made by the surrogate of the county of Rockland, which adjudged Erastus Tan Houten, as executor, etc., of Edward Gr.
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Appeal by Isaac E. Eye and others from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Rockland on the 13th day of August, 1897, staying their proceedings upon an order, made by the surrogate of the county of Rockland, which adjudged Erastus Tan Houten, as executor, etc., of Edward Gr. TanHouteh, deceased, guilty of contempt of court, pending an appeal to the Court of Appeals from an order of the Appellate Division of the Supreme Court, which affirmed the aforesaid order of the surrogate.
1Opinion of the Court
Hatch, J. :
The basis of attack made upon the order appealed from consists in the claim that the Supreme Court is without power to stay proceedings upon an order made in a Surrogate’s Court, which has been affirmed upon appeal and remitted to such court for its action. We are of opinion that this claim cannot be upheld. When the appeal was taken from the order of the surrogate to the Appellate Division of the Supreme Court, a stay of the execution of the' order was effected by giving the security provided by section 2579 of the Code of Civil Procedure. The only provision of law for the giving…
2Cases cited3 opinions
- Brick's EstateNew York Surrogate's Court · 1862
- Van Antwerp v. NewmanNew York Supreme Court · 1825
- People ex rel. Clarke v. Commissioners of HighwaysNew York Supreme Court · 1840
3Cited by7 opinions
- In re Association of the BarAppellate Division of the Supreme Court of the State of New York · 1928
- People ex rel. Patrick v. FrostAppellate Division of the Supreme Court of the State of New York · 1909
- Ex Parte WardSupreme Court of Alabama · 1988
- Leach v. AuwellAppellate Division of the Supreme Court of the State of New York · 1912
- Fleischman v. MengisAppellate Terms of the Supreme Court of New York · 1908
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