stay

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.

The arresting of a judicial proceeding or process.

In practice. A stopping; the act of arresting a judicial proceeding, by the order of a court. See In re Schwarz (D. C.) 14 Fed. 788.

— Stay laws. Acts of the legislature prescribing a stay of execution in certain cases, or a stay of foreclosure of mortgagee, or closing the courts for a limited period, or providing that suits shall not be instituted until a certain time after the cause of action arose, or otherwise suspending legal remedies; designed for the relief of debtors, in times of general distress or financial trouble.

— Stay of execution. The stopping or arresting of execution on a judgment, that is, of the judgment-creditor's right to issue execution, for a limited period. This is given by statute in many jurisdictions, as a privilege to the debtor, usually on his furnishing bail for the debt, coste, and interest. Or it may take place-by agreement of the parties. See National Docks, etc., Co. v. Pennsylvania R. Co., 54 N. J. Eq. 167, 33 Atl. 936.

— Stay of proceedings. The temporary suspension of the regular order of proceedings in a cause, by direction or order of the court, usually to await the action of one of the parties in regard to some omitted step or some act which the court has required him to perform as incidental to the suit; as where a non-resident plaintiff has been ruled to give security for costs. See Wnilaee v. Wallace, 13 Wis. 226; Lewton v. Hower, 18 Fla. 876; Rossiter v. Ætna In Ins. Co.., 96 Wis. 466, 71 N. W. 898.

To stop, to arrest or suspend, as a judgment or sentence.

To interrupt, arrest, suspend. Used also as a noun: as, stay of judgment, sentence, execution, or other proceeding. See Stet; Supersedeas. May result from an agreement, an order of court, or the operation of law — as, when an appeal, a writ of error, or a certiorari is perfected by bail being furnished and the requirements of the law in other respects observed. See Error, 2, (.3), Writ of. Stay-la^ws. Statutes designed to relieve debtors against the oppressive enforcement of remedies for the collection of debts in time of general financial distress. See Impair.

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.