Eisenlord v. Clum
New York Supreme Court
Appeal from circuit court, Montgomery county. Ejectment by John P. Eisenlord against David H. Glum, John L. Eisenlord, Catherine L. Eisenlord, James O. Eisenlord, Anna M. Eisenlord, Ann Lydia Eisenlord, and Alice E. Eisenlord. Plaintiff’s complaint was dismissed, and plaintiff appeals.
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Appeal from circuit court, Montgomery county. Ejectment by John P. Eisenlord against David H. Glum, John L. Eisenlord, Catherine L. Eisenlord, James O. Eisenlord, Anna M. Eisenlord, Ann Lydia Eisenlord, and Alice E. Eisenlord. Plaintiff’s complaint was dismissed, and plaintiff appeals. On a former appeal by plaintiff an order granting a new trial was affirmed. 2 27. Y. Supp. 125. Code Civil Proc. 2J. Y. § 779, provides that where costs of a motion or any other sum of money directed bjr an order to be paid are not paid within the time fixed for the purpose, or, if no time is fixed, within 10…
1Per curiam
Section 779 of the Code of Civil Procedure speaks of “costs of a motion, or any other sum of money.” This language does not apply to the costs of an appeal from an order granting a new trial on the merits. The costs granted on such an appeal are not “ costs of a motion, or a sum of money directed by an order to be paid;” therefore the Code did not stay plaintiff’s proceedings in this case. Even if there had been a stay of plaintiff’s proceedings under this section, still the defendants’ practice was wrong. Under section 980 the defendants, having noticed the cause, might bring it to trial,…
2Cited by7 opinions
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- Cohen v. KrulewitchAppellate Division of the Supreme Court of the State of New York · 1903
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