Principle

APPELLATE PRACTICE β€” Stay of Execution β€” Conditional Stay β€” Principles Governing Grant of Stay of Execution Pending Appeal

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Stay of execution requires special or exceptional circumstances. The judgment is presumed correct. The successful litigant is entitled to the fruits of judgment. Special circumstances include: (a) destruction of subject matter; (b) rendering the court helpless; (c) rendering the appeal nugatory; (d) paralyzing the right…

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