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3 How. Pr. 71

Gray v. Jones

New York Supreme Court

Decided September 15, 1847

New York Supreme Court · decided 1847-09-15

<p>A special motion should be noticed for the special term, first to he held in the covmty where it cm he made, whether in the county where the proceedings are pending, or in an adjoining county.</p> <p>An order for stay of proceedings to be enabled to make a motion, will not extend beyond the special term, first to be held in the county where it can be made.</p>

Cited by 1 later decisions — most recently July 1882

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1847-09-15

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Barculo, Justice

¶1Held, in this case, that an order for a stay of proceedings to enable a party to make a special motion, could only extend to the first special term, held in the county where the suit was pending, or in an adjoining county. The party making the motion could not stay his adversary’s proceedings until the next special term in the county where the suit was pending, if in the mean time there should be a special term in an adjoining county.

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