Davis v. International Railway Co. — 215 N.Y. 754

Majority

p. 754

Earl J. Davis et al., Respondents, v. International Railway Company, Appellant.

(Submitted July 13, 1915;

decided July 13, 1915.)

Headnote

Motion to set aside and vacate an order of an associate judge of the Court of Appeals staying proceedings pending the hearing and determination of an appeal.

We hold that the court has the power to grant a stay pending the hearing of an appeal from a judgment such as is involved in this case. We further hold that a judge of the .court has the power to grant a temporary stay pending the hearing of a motion for a permanent stay; but inasmuch as the order in question proceeds beyond this it must be vacated.

All concur.

Motion granted.