Brady v. Mayor

The Superior Court of New York City

Brady v. Mayor

57 Jones & S. 571

CourtThe Superior Court of New York City

DecidedMay 6, 1889

StatusPublished

This text of 57 Jones & S. 571 (Brady v. Mayor) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brady v. Mayor, 57 Jones & S. 571 (N.Y. Super. Ct. 1889).

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Opinion

Bt the Court.—Sedgwick, Ch. J.

Under the circumstances of the case, I am of opinion that it was within the power of the court below to postpone the trial for the purpose of gaining the benefit of a decision at general term in the case of the Mayor, etc., against the present plaintiff and others. The order stayed proceedings generally, but the proceeding aimed at was the trial. I think, however, that there should not have been a stay until the final determination of the action.

The order should be modified and affirmed without costs.

O’Gorman, J., concurred.

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Bt the Court.—Sedgwick, Ch. J.

Under the circumstances of the case, I am of opinion that it was within the power of the court below to postpone the trial for the purpose of gaining the benefit of a decision at general term in the case of the Mayor, etc., against the present plaintiff and others. The order stayed proceedings generally, but the proceeding aimed at was the trial. I think, however, that there should not have been a stay until the final determination of the action.

The order should be modified and affirmed without costs.

O’Gorman, J., concurred.

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Bluebook (online)

57 Jones & S. 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-v-mayor-nysuperctnyc-1889.