People ex rel. Halsted v. Superior Court
New York Supreme Court
Motion for mandamus. The relators issued an execution on a judgment in their favor, against Joseph L. Joseph and others, which was levied upon household furniture in the possession of the defendants in the execution.
Read the full summary
Motion for mandamus. The relators issued an execution on a judgment in their favor, against Joseph L. Joseph and others, which was levied upon household furniture in the possession of the defendants in the execution. A person of the name of Levy, applied to the superior court of the city of New-York, for an order staying proceedings upon the execution, until the determination of a suit in replevin commenced by him in reference to the same furniture, which had been taken by virtue of an execution, against the same defendants, on a judgment in favor of one Dixon, previous to the issuing of the…
1Opinion of the Court
By the Court,
Cowen, J.
The mandamus cannot be granted. This court cannot control the discretion exercised by the court below. Besides it is not perceived why it was not fitly exercised. The stay is only temporary, until the determination of the replevin suit. It was fully competent to the court to make the order.
Mandamus denied.
2Cited by2 opinions
- Ex parte Scudder-Gale Grocery Co.Supreme Court of Alabama · 1898
- People ex rel. Storey v. KnickerbockerIllinois Supreme Court · 1885