Hyperlawhypertext legal database Canham v. Commonwealth Finance Corp. 195 A.D. 881

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Canham v. Commonwealth Finance Corp.

195 A.D. 881 Court N.Y. App. Div. English

Contents

Majority

p. 881
John H. Canham, Suing, etc., Plaintiff, v. Commonwealth Finance Corporation and Others, Defendants.

Headnote

Appeal ■— appeal cannot be taken till order entered — stay of proceedings denied when order not entered.
Motion by defendants for a stay of proceedings pending an appeal from an order of the Supreme Court appointing temporary receivers.

The Special Term not having entered the order which it announced it intended to make, no appeal therefrom could be taken. Hence, no appeal is pending in this court. The motion for a stay is, therefore, premature, and for that reason must be denied and the stay contained in the order to show cause vacated. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Motion denied with ten dollars costs and stay vacated.