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stay pending appeal

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 272 U.S. 658 - Virginian Ry Co v. United States · 1926Most cited · 1,002 citing opinions

A stay is not a matter of right, even if irreparable injury might otherwise result to the appellant. It is an exercise of judicial discretion. The propriety of its issue is dependent upon the circumstances of the particular case. To justify granting the stay after a final decree sustaining the Commission's order, it must appear either that the District Court entertains a serious doubt as to the correctness of its own decision, or that the decision depends upon a question of law on which there is conflict among the courts of the several circuits, or that some other special reason exists why the order of the Commission ought not to become operative until its validity can be considered by this court.

How often courts cite the case defining “stay pending appeal”

1920194019601980200020202030230

Court decisions citing the opinion that defined “stay pending appeal” — 996 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.