Enos v. Thomas & Hunter
New York Supreme Court
This action was referred to a referee, who reported in favor-of the plaintiffs, January 24, 1850. On the22d February 1850, a copy of said report was duly served on the defendants’ attorneys, who reside at Buffalo. On the 8th day of March 1850, Justice Sill, at Buffalo, granted a stay of proceedings for twenty days before judgment, in order to give the defendants liberty to move to set aside the report.
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This action was referred to a referee, who reported in favor-of the plaintiffs, January 24, 1850. On the22d February 1850, a copy of said report was duly served on the defendants’ attorneys, who reside at Buffalo. On the 8th day of March 1850, Justice Sill, at Buffalo, granted a stay of proceedings for twenty days before judgment, in order to give the defendants liberty to move to set aside the report. Upon notice to the plaintiff’s attorney, on the 28th day of March, the defendants moved before Justice Sill for a further stay of proceedings for the same purpose,but which motion was opposed…
1Opinion of the Court
By the Court,
Watson, Justice.
If this court had power to. relieve the defendants as a matter of discretion, it would be a great-indulgence of that discretion to- allow them to appeal after so long a delay, and after allowing the appeal to be dismissed at the July general term held in the fourth district. It would be beyond *363all rules of indulgence to set aside the judgment entered in April last, after due notice, and after a stay of proceedings before judgment had not been obtained from the court and had been expressly refused by the plaintiffs’ attorney upon the ground that the defendants…
2Cited by1 opinion
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