Purdy v. Green , 1847 N.Y. Misc. LEXIS 43 ( 1847 )

Morse, Justice.

This motion is grounded on mere irregularity. The Plaintiff’s proceedings were stayed, not superseded, until the motion was made, which being denied, the Plaintiff was restored to the position he occupied at the time of the stay served. The Defendant by the decision of his former motion is shown not to have been entitled to the stay he then procured, and was not entitled to be rewarded by the delay which a new notice would require. Denied with costs.