Majority
p. 888JOHN WHITE, Appellant, v. JAMES BOICE and Another, Impleaded. Respondents.
Headnote
Stay of proceedings.Appeal by plaintiff from an order made at special term, staying defendants proceedings, to enforce their judgment in this action, pending plaintiff’s appeal from that judgment, and denying plaintiff’s motion to “ stay proceedings of the said defendants, their agents, servants, employees or other representatives, and upon the part of the sheriff of the city and county of New York upon the judgment entered in the superior court, in the action of the Maryland Coal Company against John White.”
Charles W. Brooks, for appellant; Marsh, Wilson & Wallis, for respondents.
While the judgment of special term was in force, there were substantial difficulties in the way of granting such a motion as is here made by the plaintiff.
The order appealed from went as far as it well could in protecting the rights of plaintiff.
The order must therefore be affirmed, but without costs, and without prejudice to any application plaintiff may make for like relief upon the settlement of the order, made upon the appeal from the judgment.
Order affirmed, without costs.