New York Supreme Court, 1884

Pettibone v. Drakeford

New York Supreme Court · Decided October 15, 1884

1 How. Pr. (n.s.) 141

Counsel

A. Hadden, Esq., of counsel (Wm. E. Bonham, defendant’s attorney), for motion,, De Merville Page, of counsel (Beard & Griffin, plaintiff’s attorneys), opposed,

Opinion of the Court

The Court

Held,“ that the stay of proceedings for the nonpayment of costs provided for in the order, under section 779 of the Code of Civil Procedure, does not operate to stay proceedings until default in payment; and that such default does not exist until the expiration of ten days from the service of the order, or the time fixed in the order (Marks agt. King, 13 Abb. N. C., 374, approved).

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