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5 Sandf. 656

In re Anonymous

The Superior Court of New York City

Decided August 14, 1852

The Superior Court of New York City · decided 1852-08-14

This was an ex parte application for a further stay of proceedings on the expiration of a prior order granting a stay for twenty days. The attorney making the motion, relied on the case of Livingston v. Wilkes, 1 Code Rep. N. S., p. 10.

Decided 1852-08-14

Duer, J.

¶1I 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.

¶2Tho application must he denied.

¶3The chief justice concurred.

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