Roth v. Wallach

A justice of the Municipal Court made an order in this action, staying the plaintiff from proceeding therein until the payment by him of the sum of ten dollars costs, taxed against him in two prior actions brought between the same parties and directed by an order therein to be paid. The plaintiff appeals from the order. The justice was without authority to make the order appealed from. Section 779 of the Code of Civil Procedure, in which power is given to courts to grant stays for nonpayment of costs of a motion or “ directed by an order to be paid,” has no application to Municipal Courts.…