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Radcliff v. Marine Insurance Co.

3 Cai. 106 Court N.Y. Sup. Ct. English

Contents

Majority

p. 106
Radcliff and Davis against the Marine Insurance Company.

Headnote

Practice as to orders for staying proceedings.

THESE points Were ruled. 1st, A judge may grant and annul his own order to stayproceedings on a case made, as well in term as in vacation, and this, though a rule for judgment be entered ; the decision in Shephard ads. Case, Cole. 90, applying to judgments perfected. 2d. If a judge has granted an order to stay proceedings on a case made, on account of an improper item allowed by a jury, and be declare this to have been his only reason, the court may, on such item being relinquished, vacate the order.