Van Huss v. Landsberg

ORDER

COLLINSON, District Judge.

This case was tried before a jury and resulted in a judgment for $77,500.00 in favor of the plaintiff and against the defendant on September 22,1966. On October 3, 1966 (October 2 falling on Sunday), defendant filed a motion for new trial, but no application was made for stay of execution under the provisions of Rule 62(b), Fed.R.Civ.P.

On October 4, 1966, plaintiff ordered and secured a writ of general execution and caused summons of garnishee to be issued and served.

The motion for new trial was denied on October 10, 1966, the defendant filed his notice of…