Stay

An interruption or suspension of a judicial proceeding. Stay is used in the constitution of Delaware, instead of supersedeas; the difference between the two words being only verbal.

Pettyjohn v. Bloxom, 1 Houst. 594.

Stay of execution. A suspension of ministerial action to carry a judgment into effect. In civil cases, a stay of execution may arise upon agreement of parties, as where a compromise is in consideration; or it may be expressly ordered by the court, for some cause shown; or it may be the legal effect of appeal or writ of error. In criminal cases, the expression means much the same as a reprieve or respite, except that either of these might well emanate from the executive power: stay would be more appropriate for a delay ordered by the court. Stay of proceedings. Usually imports an order of court made in a cause, and as a part of its course, suspending further action in it; and is generally conditional or temporary, as, iintil some order of court has been complied with, until a party shall give required security, or the like. It is distinguishable from injunction to restrain proceedings at law, which is in the nature of an equitable decree in another court, that the party stayed shall proceed no further, because his action is deemed contrary to equity; and from prohibition, which is a mandate of a superior court to an inferior one, commanding it to refrain from proceedings because they are deemed in excess of its jurisdiction.

Stay law

In times of extended and severe financial trouble, the legislatures of some of the states have endeavored collection of debts, by enactment of laws suspending certain judicial remedies; as by providing that foreclosure suits shall not be commenced for a certain period of time, or that execution shall not Lssue in certain cases. Laws of this nature are popularly called stay laws.