McMahon v. Allen

—The general, term in this case reversed the order of the special term, and ordered a new trial.*. From this *128order the plaintiff appealed to the Court of Appeals, and gáve an undertaking in $250, under section 334 of the Code.. The defendant, notwithstanding such undertaking being filed, noticed the cause for trial again under the order .of the general term. The plaintiff now moves to strike the cause from the calendar, upon the ground that the undertaking filed by him. stayed all proceedings for a new trial until the decision of the • Court of Appeals.

There is no provision in the Code…