The Superior Court of New York City, 1852

In re Anonymous

In re Anonymous
The Superior Court of New York City · Decided August 14, 1852 · Duer
5 Sandf. 656
In re Anonymous

Opinion of the Court

Duer, J.

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 *657one 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.