Swift v. Finnigan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fred II. Swift, from an order of the Supreme Court, made at the Chenango Special Term and entered in the office of the clerk of the county of Chenango on the 20th day of January, 1900, staying all proceedings in the action on the part of the plaintiff until the decision by the Court of Appeals of an appeal pending in that court in an action wherein Gage E. Tarbell is plaintiff and George P. Finnigan and Minnie Finnigan are defendants.
Read the full summary
Appeal by the plaintiff, Fred II. Swift, from an order of the Supreme Court, made at the Chenango Special Term and entered in the office of the clerk of the county of Chenango on the 20th day of January, 1900, staying all proceedings in the action on the part of the plaintiff until the decision by the Court of Appeals of an appeal pending in that court in an action wherein Gage E. Tarbell is plaintiff and George P. Finnigan and Minnie Finnigan are defendants. This action is commenced to foreclose a mortgage given September 29, 1893, by the defendants Annie I. and William M. Wilson to…
1Opinion of the Court
Parker, P. J.:
If it be a fact that Tarbell is the real owner of this mortgage and is foreclosing the same in the name of Swift, I think the court, in *78the exercise of its discretion, would have the power to stay the proceedings until the determination of the appeal now pending in the Court of Appeals. Indeed, it might stay the proceedings herein until the final determination of that action, for the issue there being tried is the same one that Finnigan tenders here; and in the event supposed, it would be between the same parties, viz., Tarbell as plaintiff and Finnigan as defendant.
But if…
2Cases cited6 opinions
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Morris v. . TuthillNew York Court of Appeals · 1878
- Dolbeer v. . StoutNew York Court of Appeals · 1893
- Smith v. HiltonNew York Supreme Court · 1888
- Mutual Life Insurance v. CranwellNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Goldberger v. Charles Kannel Corp.Appellate Division of the Supreme Court of the State of New York · 1957
- North Central Realty Co. v. BlackmanAppellate Division of the Supreme Court of the State of New York · 1911
- Wayne Iron Ore Co. v. Ontario Mineral Co.New York Supreme Court · 1917