New York Court of Appeals

Augusta G. Genet, Respondent v. the President, Managers and Company of the Delaware and Hudson Canal Company, Appellant

April 23, 1889113 N.Y. 472

Summary

The New York Court of Appeals held that the Special Term of the Superior Court possesses inherent equitable authority to suspend the operation of a judgment pending appeal. Accordingly, the General Term's reversal of the Special Term's order was erroneous, and the case was remanded for the General Term to exercise its discretion.