Enos v. Thomas & Hunter — 5 How. Pr. 359

Majority

p. 359

COURT OF APPEALS.

Enos and others, Respondents agt. Thomas and Hunter, Appellants.

Headnote

An order of the Supreme Court denying a motion for stay of proceedings on the judgment, and for liberty to move to set aside a report of referee without an appeal, or for an order extending the time to appeal, is not an appealable order.

March Term, 1851.

Motion to dismiss an appeal from an order made at a general term of the Supreme Court held at Albany on the 20th September 1850, denying a motion made on the part of the defendants for a stay of proceedings on the judgment, and for liberty to move to set aside the report of the referee without an appeal, or for an order extending the time to appeal,

E. F. Bullard, for Respondents.

N. Hill Jr., for Appellants.

By the Court,

This was not such an order as can be brought into this court to be reviewed on appeal. It involved a question of practice merely, addressed to the discretion of the court below (2 Comstock, 186; 3 id. 342).