Principle

APPELLATE PRACTICE — Stay of Execution — Circumstances Relevant to Enforcement Not Correctness of Judgment

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Special circumstances for stay focus on enforcement consequences, not on whether the judgment is correct. The appellate court assumes the judgment may be correct; that is for the appeal to determine. The stay inquiry examines whether execution would cause irreparable harm, destroy the subject matter,…

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