Muthig v. Muthig

Motion for a stay. Although this court has held that the order of the county judge granting a mistrial is appealable, nevertheless, it appears to us from the papers submitted on the argument that the appeal is of dubious merit. Therefore, we are constrained to deny the application for a stay and leave to counsel for the plaintiff to determine whether he wants to proceed with the trial in view of the pending appeal. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.