Wilson v. White
New York Supreme Court
This cause being referred, the referees reported in favor of-the plaintiff, to about $1500 ; and on the ground that ^ rePort was wrong, except as to about $300, a motion was pending to set it aside upon the merits. With a view that motion, the defendant had obtained a commissioner’s order to stay the plaintiff’s proceedings, “ till the further order of the court.
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This cause being referred, the referees reported in favor of-the plaintiff, to about $1500 ; and on the ground that ^ rePort was wrong, except as to about $300, a motion was pending to set it aside upon the merits. With a view that motion, the defendant had obtained a commissioner’s order to stay the plaintiff’s proceedings, “ till the further order of the court. But he had not noticed the cause for argument at the present term. hTow, on an affidavit intended to show that if the judgment be delayed, there would be danger of losing the plaintiff’s claim, on account of the defendant’s habits,…
1Opinion of the Court
The Court
denied the motion, saying it was without pre* cedent ■ and that the circumstances of every party upon the calendar against whom a verdict or report had been ob-. tained, might as well be revised in the same way. We do not allow judgment to go as security, on an affirmative motion against a party, who comes regularly upon the calendar to set aside a verdict or report, on the merits. This is done only where he applies for leave to move upon terms; not right. In all such cases we have power, as one of the terms, if we see that the plaintiff’s safety demands it, to require a condition…
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