Mills v. Thursby
New York Supreme Court
Judgment was recovered in this action on the 13th of September, 1851, in favor of the plaintiff, for $19,455.78; and on the 29th day of September, 1851, motion was made before Judge Edmonds, at special term for a stay of proceedings upon the judgment, pending an appeal to the general term, taken by the defendant, and also to vacate the judgment for alleged irregularity.
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Judgment was recovered in this action on the 13th of September, 1851, in favor of the plaintiff, for $19,455.78; and on the 29th day of September, 1851, motion was made before Judge Edmonds, at special term for a stay of proceedings upon the judgment, pending an appeal to the general term, taken by the defendant, and also to vacate the judgment for alleged irregularity. Proceedings had been stayed upon the judgment by a series of éx parte orders, each of twenty days from its entry, to this time.
1Opinion of the Court
Roosevelt, Justice.
All the questions of alleged irregularity existed, and were known prior to the 29th Sept., 1851.
They were passed upon, after argument, by the court at special term, both parties being heard on that day.
The order of that date decided that there was no irregularity; that the defendant was not entitled to further time to make a case; and that the plaintiff’s proceedings ought not and should not be stayed. .
The defendant’s application was accordingly denied, with costs.
By the 87th rule of the court, which this case demonstrates the necessity of enforcing, it is declared that<c…
2Cases cited2 opinions
- Mithell v. AllenNew York Supreme Court · 1835
- Allen v. GibbsNew York Supreme Court · 1834
3Cited by2 opinions
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Smith v. SpaldingThe Superior Court of New York City · 1864