Bacon v. Reading
The Superior Court of New York City
In this case a motion for a new trial, upon the ground that the verdict was against evidence, had been denied at special term, and the defendant appealed from the order to the general term. After notice of the appeal had been given, the plaintiff entered judgment upon the verdict, a stay of proceedings, which had been granted when the case was made, having ceased, by the terms of the order, upon the refusal of a new trial.
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In this case a motion for a new trial, upon the ground that the verdict was against evidence, had been denied at special term, and the defendant appealed from the order to the general term. After notice of the appeal had been given, the plaintiff entered judgment upon the verdict, a stay of proceedings, which had been granted when the case was made, having ceased, by the terms of the order, upon the refusal of a new trial. The counsel for the defendant moved, at chambers, to set aside the judgment as irregular.
1Opinion of the CourtOakley, C. J.
I have consulted with my brethren and we are all of .opinion that, although no security is requisite to. be *623given, upon an appeal from an order, according to our decision in Allen v. Johnson, 2 Sand. S. C. R. 629, it is a mistake to suppose that because the appeal without security is valid, it can operate per se as a stay of proceedings; nor is there a single word in our former decision to warrant such a conclusion. When a stay of proceedings, until the determination of an appeal from an order, is desired, it must be obtained by a special order, and regularly, the application for that purpose…
2Cited by7 opinions
- Weeks v. SmithNew York Supreme Court · 1856
- Hicks v. SmithNew York Supreme Court · 1857
- Alfaro v. DavidsonThe Superior Court of New York City · 1875
- Freeman v. YoungThe Superior Court of New York City · 1864
- Hoyt v. TerwilligerNew York Supreme Court · 1872
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