Stewart v. Berge
New York Court of Common Pleas
Appeal by plaintiffs from an order setting aside an execution on the ground that it had been issued pending a stay created by an appeal. Plaintiffs having recovered a judgment in the Eighth District Court, the defendant appealed and gave security to secure a stay of proceedings pending the appeal.
Read the full summary
Appeal by plaintiffs from an order setting aside an execution on the ground that it had been issued pending a stay created by an appeal. Plaintiffs having recovered a judgment in the Eighth District Court, the defendant appealed and gave security to secure a stay of proceedings pending the appeal. On April 22d, 1872, Judge Loew made an order for the defendant to procure the return to be filed on or before April 27th, 1872, or an order to be entered dismissing the appeal, and on April 29th, a further order for the defendant to have until and including May 6th, to procure the return to be…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—The plaintiff in this case moved to dismiss the appeal for the want of a return and the final order made by Judge Loew, April 29th, 1872, was that the defendant should have to and including the 6th of May following to procure the return to be filed, and that if it were not filed on or before that day, the appeal was. to be dismissed with costs. If the return had been filed within the time limited, that would, of course, have put an end to the motion. If it were not, then an affidavit of the fact should have been made, and an order obtained dismissing the appeal for…
2Cases cited2 opinions
- Hoffman v. TredwellNew York Court of Chancery · 1835
- Warren v. WendellNew York Supreme Court · 1861
3Cited by3 opinions
- Hargous v. . StoneNew York Court of Appeals · 1851
- Koransky v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1910
- Schleeter v. BommerAppellate Division of the Supreme Court of the State of New York · 1944