Steam Navigation Co. v. Weed
New York Supreme Court
Motion to set aside an ex parte order staying proceedings; and also that the plaintiffs be required to file security for costs. The action was tried before a referee, who reported in favor of the defendants.
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Motion to set aside an ex parte order staying proceedings; and also that the plaintiffs be required to file security for costs. The action was tried before a referee, who reported in favor of the defendants. Judgment having been entered upon the report, the plaintiffs, on the 8th of Oct.ober 1852, served upon the' defendants’ attorney notice of appeal to, the general term, and a copy of an order, made by one of the justices of this court, staying the defendants’ proceedings until the judgment of the court, upon the case made and settled in the cause. The order was made without notice to the…
1Opinion of the Court
Harris, Justice.
If a party appealing from a. judgment entered upon the report of a referee, would have proceedings stayed upon the judgment, he must either give the security prescribed by the 348th section of the Code, or obtain an order for that purpose from the court or a judge. The court may, if it think fit, make the order without requiring notice to the adverse party, but when the application is made to a judge out of court, the most he is authorized to do is to make an order that the adverse party show cause before himself or some other judge, or some court having authority to entertain…
2Cited by2 opinions
- In re WardNew York Supreme Court · 1892
- Culver v. HollisterNew York Supreme Court · 1864