Graves v. Graham
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order made at General Term of the City O.ourt of New York, which affirmed an' order vacating and setting aside the- service of the: summons and execution of an order to arrest the defendant,, obtained in this, action.
1Opinion of the CourtBisohoep, J.
The . older from which this appeal is taken directed that the service of the summons and the execution of am order to arrest the defendant be set aside, the basis of the matter being that the defendant’s appearance and submission to the jurisdiction were in performance of an agreement upon the plaintiff’s part to proceed at once with the trial of the cause, waiving a jury trial, which, because of the summer adjournment of the Trial Term, could not then be had,, and that the' plaintiff, after availing himself of the defendant’s appearance,, repudiated the agreement and declined to try the…
2Cases cited3 opinions
- Myers v. CohnNew York Court of Common Pleas · 1893
- Allen v. WhartonNew York Supreme Court · 1891
- Higgins v. DeweyNew York Court of Common Pleas · 1891
3Cited by1 opinion
- Hartwig v. EverettAppellate Terms of the Supreme Court of New York · 1897