Staring v. Jones
New York Supreme Court
The action was tried before a referee, and judgment entered on his report on the first day of March, against the defendants for $678. On the same day, the attorneys for the parties entered into a stipulation, as the affidavit of one of the defendant states, providing that the defendants should have forty days to prepare and serve a case, or bill of exceptions, on appeal to the general term, and that all proceedings on the judgment should be stayed on such appeal, until the…
Read the full summary
The action was tried before a referee, and judgment entered on his report on the first day of March, against the defendants for $678. On the same day, the attorneys for the parties entered into a stipulation, as the affidavit of one of the defendant states, providing that the defendants should have forty days to prepare and serve a case, or bill of exceptions, on appeal to the general term, and that all proceedings on the judgment should be stayed on such appeal, until the decision of the general term thereupon, and that the plaintiff have the same time to propose amendments, &c. The…
1Opinion of the Court
Welles, Justice.
The stipulation upon which the defendants rely, must be laid out of view. So far as it could, by possibility, aid them, it is flatly denied. It is not produced, and no sufficient reason is given for not producing it. It is not a paper belonging to the files of the clerk’s office, and it was unnecessarily placed there after the dispute arose respecting its contents.
The notice of appeal was not served upon the plaintiff’s attorneys until after they had issued their execution. The execution was, therefore,.regular. The defendants’ appeal, however, is regular, and in time. There…
2Cited by6 opinions
- Prescott v. BrooksNorth Dakota Supreme Court · 1902
- State ex rel. Keane v. MurphyNevada Supreme Court · 1885
- Champion v. Plymouth Congregational SocietyNew York Supreme Court · 1864
- Biagi v. HowesCalifornia Supreme Court · 1885
- Halsey v. FlintNew York Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.