Barton v. McKinley
The Superior Court of New York City
This cause was ordered to be placed on the calender of short causes, and was placed on that calendar for the 18th June, 1869. On that day it was set down for the 25th of June, 1869. On the 25th, defendant moved the cause off the term. On the 15th day of October, 1869 (being the first short calendar day after the 25th of June, 1869), plaintiff took an inquest against the defendant by default.
Read the full summary
This cause was ordered to be placed on the calender of short causes, and was placed on that calendar for the 18th June, 1869. On that day it was set down for the 25th of June, 1869. On the 25th, defendant moved the cause off the term. On the 15th day of October, 1869 (being the first short calendar day after the 25th of June, 1869), plaintiff took an inquest against the defendant by default. The cause was not placed on the calendar for the 15th of October until about nine o’clock in the morning of that day; and it did not appear on the calendar of that day, as it was printed in the morning…
1Opinion of the CourtJones, J.
By the practice of this court, the calendar for each short cause day must contain all the causes assigned for trial on that day. It is, also, the practice that when a cause has been ordered on the short calendar, and has been properly placed on it, it remains thereon until disposed of by the court. If not reached for trial on the first short calendar day that occurs after it is placed on the short calendar, it goes off, as a matter of course, to the next succeeding short calendar day. If not then reached, then to the next, and so on until it is disposed of. So, also, if it is moved off for…
2Cited by1 opinion
- Whittemore v. FisherIllinois Supreme Court · 1890