Schmidt v. Levy

New York Supreme Court

Schmidt v. Levy

61 Barb. 496, 1872 N.Y. App. Div. LEXIS 46

New York Supreme Court·Decided January 1, 1872·Published·Cited by 1 cases

Opinion

By the Court, Cardozo, J.

A motion- for a stay of proceedings is addressed to the favor of the court; Judge Ingraham, below, allowed a stay, upon terms which he [497]*497approved, but which the appellant, it seems, did not choose to comply with. Being discretionary, the order is not appealable; and especially when the motion is granted upon terms. The terms never can be reviewed.

[First Department, General Term, at New York, January 1, 1872.

The appeal should be dismissed, with costs.

Cardoso and Geo. G. Barnard, Justices.]

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By the Court, Cardozo, J.

A motion- for a stay of proceedings is addressed to the favor of the court; Judge Ingraham, below, allowed a stay, upon terms which he [497]*497approved, but which the appellant, it seems, did not choose to comply with. Being discretionary, the order is not appealable; and especially when the motion is granted upon terms. The terms never can be reviewed.

[First Department, General Term, at New York, January 1, 1872.

The appeal should be dismissed, with costs.

Cardoso and Geo. G. Barnard, Justices.]

Schmidt v. Levy, 61 Barb. 496, 1872 N.Y. App. Div. LEXIS 46 (N.Y. Super. Ct. 1872).

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Opinion

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