Schmidt v. Levy

New York Supreme Court

Schmidt v. Levy

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

CourtNew York Supreme Court

DecidedJanuary 1, 1872

StatusPublished

Cited by1 cases

This text of 61 Barb. 496 (Schmidt v. Levy) 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

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

Pincite

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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