Disbro v. Disbro
New York Supreme Court
Motion by plaintiff for revival of injunction and stay of proceedings pending an appeal to the general term from judgment on the report of a referee dismissing the complaint. The motion was first partially heard at special term on the Saturday before the sitting of the general term, but not being decided was renewed at the general term as upon an appeal, by direction of the judge holding the special term.
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Motion by plaintiff for revival of injunction and stay of proceedings pending an appeal to the general term from judgment on the report of a referee dismissing the complaint. The motion was first partially heard at special term on the Saturday before the sitting of the general term, but not being decided was renewed at the general term as upon an appeal, by direction of the judge holding the special term. The action was brought to reach a bond of the county of Monroe for $10,006, and restraining its transfer, which was in the possession of the defendants, the Bank of Monroe, which held it for…
1Opinion of the CourtBy the court. E. Darwin Smith, J.
It is not disputed that the appeal is brought in good faith. We are not asked to deny the plaintiff’s application for a stay of proceedings on the judgment, including a revival of the injunction, on the ground that the appeal is frivolous or is brought or prosecuted without probable cause.
A dismissal of the complaint undoubtedly dissolved the injunction and the appeal does not revive it. Nor will an undertaking upon the appeal sufficient to stay proceed- . ings on the judgment operate to continue the injunction. It would merely stay proceedings to collect the defendants’ costs recovered by…
2Cited by3 opinions
- City of Pasadena v. Superior Court of L.A. Cty.California Supreme Court · 1910
- Ocorr v. LynnNew York Supreme Court · 1918
- Fellows v. HeermansNew York Court of Appeals · 1870