The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-31
THE CONTESTED CIVIL JuDGEsHIP.
Another Chapter In the Stemmler-
Mcclure COntrOversy-stay OF Proceed
fnrs Graz ted and Effects OF the Stay.

Another Chapter In the Stemmler-
Mcclure COntrOversy-Stay OF Proceed
ings Granted and Effects OF the Stay.
With unwonted judicial promptitude Judge Van
Brunt, OF the Supreme Court gave yesterday his
decision upon the motion argued before him on
Thursday last for q stay OF proceedings upon his
order granting Judge Mcclure a new trial pending
an appeal from such order. 1t is probable that
this appeal win reach an argument by May next in
the Supreme Court, General Term, and definite
settlement speedily ensue Of the long and holly
contested question as to whether Judge Meg uire
or Judge Stemmler is entitled to the Judgeshp of
the seventh Civil District Court. Meantime the
effect OF the present decision, though granting
the stay asked for and though purposey avoiding
passing upon the question, Is to leave Judge
Mcclure in possession and, being In possession.
making 1t evidently optional with HIM to hold
Court or not as he sees IT, At all events, it is clear
that Judge Stemmler cannot mold the Court pend
ing the appeal The following Is Judge Van Brunt's
opinion III full
ganed By % & Of an
psa Srie Tsssw sfu he ao sS
POSITION the parties t1s notion The action
OF the se OF 9 aga to OBJ
dsiendan held The esTeHe Of ELECTION and have
the Inc e S rsar Ta
and verdict rendered n iayor Of the rea9r
ground that i vas against evidence which denied
duly entered herein adudsng reator emitted to the
% ana a aR "ras was ns Terri, the Sf
Court su'ssSusntSy motion made
and 2! Of ps%y I Sa
motion was granted and the Judgment OF November "a
the copy ye5h oHi was
the tue to nor me- a ON ss
By said order 18Th Of &afea eopy tereof
sae ns e
Sraa Of an @ nt he
and it upon this order show cause that the motion
relating the the 18th Of March at the Dis
argued show one state Of facts While cour,,
other condition Hut ina have sNs seea pre enrsy
unable to see what AZ the at the District Court
motion It to be assumed that upon this motioa
entd S that wh? ssn BY
an order now made upon this motion put Judge Stemmler
5ss
whence, derive any such power in determining this
question which am called upon decide IS whether or
hS trial s no tn s the
why such stay should not be granted There certainly
ps sP he Sps and @
o pea a e not be be
%oGP ,as y
@ 5af';s
o,, new trial o Is granted upon the ground Of
where Judgment is allowed to stand as Sc
curty are those where defaait has been taken
appeal is pending, what s to become OF the appeal in
what disposition Is to be made of it,
the time of granting the trial. that
the necessities OF the the udgme would
GATED and the appeal thereirom dismissed, and it
for that that imposed the terms dd-viZ the
payment Of all the costs In the action up the OF
granting the motion, condition of granting the
asked do not intend discuss here the proprety
either Of the parties to this action acting in their on
cial capacity pending this appeal but it me very
clear that cannot this motion Interfere with either
Motion for stay of proceedings upon order granting
trial pending appeal granted.
The possibility OF ne,o issue Of inconverttble
paper regard soiM an,azement and anxiety, and,
in o,y judgment, such an issue aoo,Ad be a det,t-
me'at ana q shanee.-CHARLEs SUMNER.