Brady v. Mayor of New York

Superior Court of New York

Brady v. Mayor of New York

5 N.Y.S. 181, 1889 N.Y. Misc. LEXIS 2872

CourtThe Superior Court of the City of New York and Buffalo

DecidedMay 6, 1889

StatusPublished

This text of 5 N.Y.S. 181 (Brady v. Mayor of New York) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brady v. Mayor of New York, 5 N.Y.S. 181, 1889 N.Y. Misc. LEXIS 2872 (superctny 1889).

Pincite

Opinion

Sedgwick, C. 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 ease 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„ concurs.

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Sedgwick, C. 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 ease 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„ concurs.

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Bluebook (online)

5 N.Y.S. 181, 1889 N.Y. Misc. LEXIS 2872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-v-mayor-of-new-york-superctny-1889.