Jones v. Dow

By the Court,

Paine, J.

This is an appeal from an order refusing to set aside a sale on a mortgage foreclosure.

One of the grounds relied on in support of the motion, was, that an order had been made by a court commissioner staying the proceedings, which was duly served but disregarded. Section 29, chap. 140, R. S., 1858, prohibits commissioners from making orders to stay proceedings after verdict. But this, being an equity case, was tried by the court, so that there was, technically speaking, no verdict. Hence it is claimed that the commissioner had power to make the order in this case. This…