Whitman v. Johnson
New York Court of Common Pleas
Appeal from special term. Action by Edmund S. Whitman and another against Edwin L. Johnson. From an order denying plaintiffs’ motion to set aside the service of defendant’s notice of entry- of judgment, and from an order which resettled an order dated April 9, 1894, but entered June 9, 1894, granting a stay, plaintiffs appeal.
1Opinion of the CourtBookstaver, J.
As many of the facts are common to both appeals, they may conveniently be considered together. Upon the trial of the action, April 9, 1894, a verdict was rendered for the defendant. Plaintiffs moved for a stay, and contended upon their appeal that the learned judge granted them “sixty days in which to make *806a case on appeal, and that all proceedings on the part of defendant herein, after the entry of judgment, be, and the same are hereby, stayed meanwhile.” Defendant entered the judgment, and served a notice of the entry thereof upon plaintiff’s attorneys on the 12th day of April, 1894. On May…
2Cases cited1 opinion
- Peopl ex rel. Baldwin v. MillerNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Purcell v. AronsonAppellate Terms of the Supreme Court of New York · 1896