Franklin Bank Note Co. v. Mackey
New York Court of Appeals
Motion by the respondent to one of the judges of the Court of Appeals, at Chamber's, to vacate an order to show cause and a stay of proceedings, granted to the appellant by one of the judges out of court for the purpose of enabling the appellant to move for a reargnment after a decision of affirmance.
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Motion by the respondent to one of the judges of the Court of Appeals, at Chamber's, to vacate an order to show cause and a stay of proceedings, granted to the appellant by one of the judges out of court for the purpose of enabling the appellant to move for a reargnment after a decision of affirmance. The motion to vacate was made in July, 1898, during the vacation of the court, and was denied on the thirtieth of that month with the following opinion, in which the grounds of the motion and the facts relating thereto are stated. For report of the case, decided on reargument February 3, 1899,…
1Opinion of the CourtBartlett, J.
This is a motion made before me at Chambers, in the city of Rew York, to vacate an order to show cause and stay of proceedings herein granted by my brother Cray upon the grounds, first, that the remittitur having been filed, and order entered thereon below, this court has no jurisdiction ; and that, second, the stay being for a longer period than twenty days, is void. For .the convenience of counsel residing in the city of Rew York, and at the request of Judge Cray, the motion is. made before me.
The order to show cause and stay were granted under the following state of facts: The case was…
2Cases cited4 opinions
- Lawrence v. . ChurchNew York Court of Appeals · 1891
- People Ex Rel. Smith v. . Village of NellistonNew York Court of Appeals · 1879
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
- Buchanan v. . LittleNew York Court of Appeals · 1898
3Cited by9 opinions
- State v. RamirezIdaho Supreme Court · 1921
- Ott v. BoringWisconsin Supreme Court · 1907
- Garland v. Union Trust Co.Supreme Court of Oklahoma · 1916
- Ehrig v. AdamsSupreme Court of Oklahoma · 1917
- White v. StateMississippi Supreme Court · 1940
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