Savage v. Hicks — 2 Wend. 246

Majority

p. 246

Savage vs. Hicks.

Headnote

An order to stay proceedinga is necesmadejo prevent the enteralul issuingexecution.

In this case, a verdict was rendered against the defendant,, . . who obtained an order tor time to make a case, which was ma<ie‘ The plaintiff had time given him by order to propose amendments, which were proposed and the case settled; but no order was granted to stay proceedings after the case was settled. The plaintiff perfected his judgment and issued execution, and the defendant applied to set the same aside for irregularity.

The” plaintiff has not been irregular. An order to stay proceedings after the case was settled not having been obtained, the plaintiff had a right to, enter judgment and issue execution. The case, however, having been made in good faith, the proceedings on the execution are stayed until the decision of the cause.-