Stone v. Carlan

The Superior Court of New York City

Stone v. Carlan

2 Sandf. 738

The Superior Court of New York City·Decided October 15, 1850·Published

Opinion

Paine, J.

The defendants claim that by their appeal proceedings are stayed, and that this suspends the effect of the injunction. This is an entire mistake. The sections of the code cited, (§ 334, 342 and 348,) do not apply to such appeals as this, which is from an order, not from a judgment; and on which no security is given. The injunction must be obeyed so long as it is in force, and as it appears to have been violated, an attachment must issue.

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Paine, J.

The defendants claim that by their appeal proceedings are stayed, and that this suspends the effect of the injunction. This is an entire mistake. The sections of the code cited, (§ 334, 342 and 348,) do not apply to such appeals as this, which is from an order, not from a judgment; and on which no security is given. The injunction must be obeyed so long as it is in force, and as it appears to have been violated, an attachment must issue.

Stone v. Carlan, 2 Sandf. 738 (N.Y. Super. Ct. 1850).

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