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Spickerman v. McChesney

9 N.Y. St. Rep. 849 Court THIRD DEPARTMENT, GENERAL TERM. English

Decision Majority — Landon, J. · Concurring — Bocees, J.

Contents
p. 849
THIRD DEPARTMENT, GENERAL TERM.
Filed July, 1887.
SPICKERMAN v. WM. McCHESNEY.

Headnote

Reference—Order op—Stay of proceedings,

Orders affirmed on opinion of special term, with ten dollars costs and printing disbursements in each case.

I advise affirmance, but without prejudice to renewal of application for stay upon report of referee, if in plaintiff’s favor, and before decision in court of appeals in former action. Such stay might then be made upon proper terms as to earnings and custody of boat. Defendant ought not to be deprived of whatever benefit may result from a reversal of judgment in former action, if he procure it.

I concur as to the order of reference, but should not there be a stay on the facts of this case.