Hood v. Haywood

New York Supreme Court

Hood v. Haywood

10 N.Y. St. Rep. 879

DecidedJuly 1, 1887

StatusPublished

This text of 10 N.Y. St. Rep. 879 (Hood v. Haywood) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hood v. Haywood, 10 N.Y. St. Rep. 879 (N.Y. Super. Ct. 1887).

Pincite

Opinion

Pratt, J.

We do not think the learned judge, at special term, erred in staying the proceedings in this action pending the appeal from the order in the special proceeding before the surrogate upon which the right to prosecute this action depends. It was within his discretion to require security as a condition of granting the stay and we are not disposed to interfere with its exercise. This is not an injunction order staying proceeding in another action or proceeding. The effect of the stay will be simply to postpone the trial of this cause for a term; and, that in view of all the circumstances, is not an unreasonable favor to sureties.

The order is affirmed, with costs.

Barnard, P. J., concurs; Dykman, J., not sitting.

Free access — add to your briefcase to read the full text and ask questions with AI

Pratt, J.

We do not think the learned judge, at special term, erred in staying the proceedings in this action pending the appeal from the order in the special proceeding before the surrogate upon which the right to prosecute this action depends. It was within his discretion to require security as a condition of granting the stay and we are not disposed to interfere with its exercise. This is not an injunction order staying proceeding in another action or proceeding. The effect of the stay will be simply to postpone the trial of this cause for a term; and, that in view of all the circumstances, is not an unreasonable favor to sureties.

The order is affirmed, with costs.

Barnard, P. J., concurs; Dykman, J., not sitting.

Cite This Page — Counsel Stack

Bluebook (online)

10 N.Y. St. Rep. 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hood-v-haywood-nysupct-1887.