Page:Federal Reporter, 1st Series, Volume 10.djvu/280

 268 TEDEBAL iifiFOia'iiifi. �FiSHEE ». Meyer and others.* �{Circuit Court, S. D. New York. February 1, 1882.) �1. Pbactice— Stat op Procebdinos— Secukity for Judgmbst. �Wliere defendants, solvent but engaged in active business, movcd, after ver- dict, for a stay of proceedings dnring the time allowed for making a case, secur- ity required under the circumstauces aa a condition for the granting of such stay. �Motion for Stay of Proceedings. �Shipman, D. J. The motion is not opposed by the plaintiff, but he lueists that it should be granted upon terms; i. e., inasmuch as the plaintiff has now no security, that security should be given for the payment of the judgment, if one is rendered. The verdict amounts to a very large sum, viz., about $181,000, The defendants are prob- ably now of ample means to pay all their liabilities, but they are in active business, and whether they will be able to pay their debts at the expiration of some mouths, in case judgment is entered against r.hem, depends upon contingencies which cannot now be ascertained and made certain. They are now able to give security, and no serious hardships will be imposed thereby. If no security is given, a large daim is placed at some hazard. In the case of so large a verdict against parties who are subject to the vicissitudes of business, I think that the plaintiff is entitled to security. �The motion of the defendants for a stay is granted, provided they shall give bond, with two snreties, to the satisfaction of the court, in the sum of $200,000, conditioned for the payment to the plaintiff of auy judgment which may be rendered against themin this suit, or for the satisfaction of said judgment. In case a writ of error shall be taken to the supreme court, this bond can be vacated, and the bond required by section 1000 upon writs of error will be given. �*Keported by 8. Nelson White, Esq., of the New York bar. ��� �