Ratzer v. Ratzer

The Vice-Chancellor.

The defendants, who have appealed from an interlocutory decree directing that an account be stated among certain of the parties as copartners, (1 Stew. 136) ask a stay of the account pending their appeal. They say there was no copartner ship, thus disputing the main fact on which the decree rests.

Under the rules of this court, nothing short of an order of this court or the court of errors and appeals, will arrest the account. {Rule 20.)

Such applications are addressed to the discretion of the court. The rule governing the exercise of this discretion seems’to be this : If an…