Stone v. Carlan

The Superior Court of New York City

Stone v. Carlan

2 Sandf. 738

CourtThe Superior Court of New York City

DecidedOctober 15, 1850

StatusPublished

This text of 2 Sandf. 738 (Stone v. Carlan) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

2 Sandf. 738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-carlan-nysuperctnyc-1850.