Mannion v. Steffens
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Richard J. Mannion, as administrator of Florence Mannion, deceased, against Carolina E. Steffens and another. From an order denying a motion to dismiss the complaint, defendant Steffens appeals. Reversed.
1Opinion of the CourtGildersleeve, P. J.
Upon a reargument of this appeal, and a full examination of the authorities, we are satisfied that the order of the lower court must be reversed. Issue was joined herein on September 30, 1904, and up to March 26, 1908, the plaintiff made no move to bring the cause on for trial. Upon the motion to dismiss for such failure to prosecute, the only offered excuse for such delay was that “offers of settlement have been made, commencing prior to the service of the summons, and renewed subsequently from time to time,” and also that the case had been placed upon the calendar for trial, “though…
2Cases cited10 opinions
- Seymour v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Mladinich v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1906
- Fisher Malting Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
- Zafarano v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
- Regan v. Milliken Bros.Appellate Division of the Supreme Court of the State of New York · 1907
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3Cited by3 opinions
- Donovan v. JordanNorth Dakota Supreme Court · 1913
- Williams v. JenkinsAppellate Terms of the Supreme Court of New York · 1912
- Mannion v. SteffensAppellate Division of the Supreme Court of the State of New York · 1909