
    H. V. Garretson versus Benjamin Hemstead and E. Douglass.
    Where an order has been granted for a stay of proceedings, after a trial, in order to enable the defendant, against whom a verdict has been obtained, to make a case upon a bill of exceptions, a Judge, at chambers, may, upon cause shown, so far modify the order, as to enable the plaintiff to perfect his judgment and issue his execution, without a levy, that the same may stand as security.
    In this case, the plaintiff having obtained a verdict against the defendant upon the trial of the cause, an order was granted at chambers, by Mr. Justice Hoffman, staying all proceedings for 14 days, in order to enable the plaintiff to make a case upon a bill of exceptions. Afterwards, upon the application of the plaintiff’s attorney, showing that there was a necessity for perfecting the judgment, that it might stand as security for the final result of the cause, the Judge so far modified the order, as to enable the plaintiff to perfect his judgment and issue an execution, without any authority, however, for levying the same.
    
      Mr. J. Anthon, for the defendants,
    now moved to set aside the modification of the order, that the plaintiff might thus be prohibited from perfecting his judgment.
   The motion was opposed by Mr. Hawes, for the plaintiff, and denied by the court.

[W. P. Hawes, Att’y for the plff. E. Anthon, Att'y for the deft.]  