Ford v. David
The Superior Court of New York City
Appeal from an order made at special term, denying a motion by defendant, for an order staying plaintiff’s proceedings. This action was originally brought by Ford against David and Turner only, as defendants.
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Appeal from an order made at special term, denying a motion by defendant, for an order staying plaintiff’s proceedings. This action was originally brought by Ford against David and Turner only, as defendants. They answered; and their answers disclosed a state of facts, existing when the action was commenced, which rendered it proper, in the plaintiff’s view of his rights, that he should join two other defendants, Townsend and Johnson, and which entitled him to relief against them. An order was granted, authorizing the plaintiff to make these persons parties by a supplemental complaint. This…
1Opinion of the Court
By the Court, Bosworth, J.
If the defendants have ap*387pealed to the Court of Appeals, from a decision from which an appeal can be taken to that court, and given security which the statute declares shall operate as a stay, no order of this court was necessary to prevent the plaintiff from proceeding further pending that appeal. It would perhaps be a sufficient ground on which to dispose of this appeal, that it was premature to invoke the action of the court, to prevent a proceeding from being taken in the progress of the action, which if taken and irregular the court would set aside. It is not…
2Cited by2 opinions
- Henry v. HenryWest Virginia Supreme Court · 1914
- George v. DayThe Superior Court of New York City · 1864