Wood v. Dwight
New York Court of Chancery
MOTION by J. A. Spencer, on behalf of the defendant, for leave to proceed at law, notwithstanding the appeal filed in this cause.
1Opinion of the Court
The Chancellor said, that after an order dissolving an injunction, or discharging a party from a writ of ne exeat, was duly entered, no subsequent appeal by the dissatisfied party, could, of itself, aftect the validity of the order, or revive the process, and give it force and effect. An appeal only stays future proceedings in the Court; but *296here is no further proceeding. The order is perfect and finished, eo instanti that it is entered: and if the iniunc- . ’ , . , , n , . tion could be revived by the mere act of the party m fi]¡ng an appeal, it would be giving to him not only a power of…
2Cases cited1 opinion
- Young v. GrundySupreme Court of the United States · 1810
3Cited by15 opinions
- Williams v. PounsTexas Supreme Court · 1877
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Dusenbury v. . KeileyNew York Court of Appeals · 1881
- In re Estate of CrozierCalifornia Supreme Court · 1884
- People Ex Rel. Roberts v. . BoweNew York Court of Appeals · 1880
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