Majority
p. 28Rose against Bates, Sheriff of Ontario. moved to set aside the order as irregular. He said the Judge had power to enlarge' the time for making a case, proposing amendments, &c. but he cannot grant an indefinite order to stay proceedings “ until the further order of 'he Court.” It may deprive the party of an appeal to this Court, from an order on the case settled,, where the opposite party has ample time to settle the case before the term.
Headnote
A circuit judge der^fbr' a“ stay of prooeefurther order upo^a verdict’ &c. though betiédcase set"A trial being had and a verdict rendered for the defendant, in June last, at the Ontario Circuit, (he plaintiff’s attorney made and served a case for the purposes of a new hi-ah tp which amendments had been proposed and notice of se*ding the case given ; but, before settled, the Circuit Judge granted a general order, that “ all proceedings on the part of the defendant in this cause, upon the verdict rendered in the same, be stayed until the further order of this Court and now,
J. C. Spencer, for the defendant,
W. Hubbell, contra.
We think the Judge had a right to grant this order. He understands the case; it is tried and finally settled before him ; and he will not grant the order unless satisfied that, when settled, there will be probable cause for setting aside the verdict. We see no reason for requiring the party to wait till after the case settled, before he obtains this general order.
Motion denied,