In re Anonymous — 7 N.Y. Super. Ct. 656

Majority

p. 656

Anonymous.

Headnote

When proceedings have been stayed by an order for twenty days, there can be no further stay without notice to the adverse party.

August 14, 1852.

This was an ex parte application for a further stay of proceedings on the expiration of a prior order granting a stay for twenty days.

The attorney making the motion, relied on the case of Livingston v. Wilkes, 1 Code Rep. N. S., p. 10.

I cannot follow the decision that has been cited ; the meaning of the code is, (§ 401,) that there shall be no stay of proceedings beyond twenty days, except upon notice to' the adverse party, and whether a stay exceeding the time limited, be granted, by a single order, or by successive orders, is immaterial. The intent of the provision is as much violated in the

p. 657

one case as in the other, nor do the words force us to adopt a different construction. A second order extending the stay-twenty days beyond the twenty first allowed, is, as truly, an order to stay proceedings for a longer time than the code permits, as a single order for forty days.

Tho application must he denied.

The chief justice concurred.