Alfaro v. Davidson
The Superior Court of New York City
Plaintiff obtained a verdict for five hundred dollars. Defendant moved for a new trial on judge’s minutes. The motion was denied; a stay of all further proceedings on the verdict was granted for thirty days. Defendant appealed to the general term from the order denyingmotion for a new trial. The defendant then moved on affidavits for an order to stay proceedings on verdict, until decision be had by the general term on the appeal.
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Plaintiff obtained a verdict for five hundred dollars. Defendant moved for a new trial on judge’s minutes. The motion was denied; a stay of all further proceedings on the verdict was granted for thirty days. Defendant appealed to the general term from the order denyingmotion for a new trial. The defendant then moved on affidavits for an order to stay proceedings on verdict, until decision be had by the general term on the appeal. An order was made at special term, staying proceedings on defendant depositing eight hundred and fifty dollars in United States Trust Company, to the credit of the…
1Opinion of the Court
By the Court.—Speir, J.
The appellant objects to the order upon the ground that the court had no power *409to suspend the entry of judgment. That in only two cases does the law invest the court with that privilege, viz.: Where exceptions are ordered to be heard in the first instance at the general term ; and where a verdict is directed, subject to the opinion of the court at general term, under the 265th section of the code of procedure.
The case of Cobb v. Cornish (16 N. Y. 604) is relied on as recognizing this limitation. Ido not so understand that decision. What that case decides is, that the…
2Cases cited1 opinion
- Bacon v. ReadingThe Superior Court of New York City · 1852