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3 Cow. 28

Rose v. Bates

New York Supreme Court

Decided August 15, 1824

New York Supreme Court · decided 1824-08-15

A trial being had and a verdict rendered for the defendant, in June last, at the Ontario Circuit, (he plaintiff’s attorney made and served a case for the purposes of a new hi-ah tp which amendments had been proposed and notice of se*ding the case given ; but, before settled, the Circuit Judge granted a general order, that “ all proceedings on the part of the defendant in this cause, upon the verdict rendered in the same, be stayed until the further order of this Court and…

Decided 1824-08-15

Curia.

¶1We think the Judge had a right to grant this order. He understands the case; it is tried and finally settled before him ; and he will not grant the order unless satisfied that, when settled, there will be probable cause for setting aside the verdict. We see no reason for requiring the party to wait till after the case settled, before he obtains this general order.

¶2Motion denied,

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