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5 How. Pr. 359

Enos v. Thomas & Hunter

New York Court of Appeals

Decided March 15, 1851

New York Court of Appeals · decided 1851-03-15

Motion to dismiss an appeal from an order made at a general term of the Supreme Court held at Albany on the 20th September 1850, denying a motion made on the part of the defendants for a stay of proceedings on the judgment, and for liberty to move to set aside the report of the referee without an appeal, or for an order extending the time to appeal,

Decided 1851-03-15

¶1By the Court,

Buggies, Ch. J.

¶2This was not such an order as can be brought into this court to be reviewed on appeal. It involved a question of practice merely, addressed to the discretion of the court below (2 Comstock, 186; 3 id. 342).

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