Majority
p. 616Esther Y. McCarthy, Appellant, v. Eugene McCarthy, Respondent.
Order reversed, with ten dollars costs and disbursements. Held, (1) that the giving of the undertakings specified in the papers before us, did nob operate per se as a stay of proceedings without the giving of the bond with sureties as provided in the judgment. (Code Civ. Proc. § 1380; Galusha v. Galusha, 108 N. Y. 114 .) (2) That if the Supreme Court has power to stay proceedings on the judgment without the giving of the bond called for by the judgment, as intimated in Granger v. Craig ( 85 N. Y. 619 ), there is no sufficient reason apparent in the papers before us for the exercise of the discretion of the court in that regard.
Cases cited
- Galusha v. Galusha 108 N. Y. 114 p. 616
- Granger v. Craig 85 N. Y. 619 p. 616