Morange v. . Meigs
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the first judicial district, affirming a judgment in favor of the defendants, entered on the report or decision of a referee, dismissing the plaintiff’s complaint and action “ for want of prosecution ” with costs. The facts" sufficiently appear in the opinion. The referee had no power after evidence had been introduced to dismiss the complaint for want- of prosecution.
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Appeal from judgment of the General Term of the Supreme Oourt in the first judicial district, affirming a judgment in favor of the defendants, entered on the report or decision of a referee, dismissing the plaintiff’s complaint and action “ for want of prosecution ” with costs. The facts" sufficiently appear in the opinion. The referee had no power after evidence had been introduced to dismiss the complaint for want- of prosecution. (Code, §§ 258, 274, sub. 4 ; Holmes v. Slocum, 6 How. Pr., 217.) The referee had no power to dismiss the complaint upon the facts in the case for want of…
1Opinion of the Court
Lott, Ch. C.
There is no ground for the reversal of the judgment in this action. It appears from the report of the referee, on whose decision or direction it was entered, that on the 16th day of November, 1864, there was a meeting of the parties before him for the trial of the issues at which the plaintiff examined witnesses, that the case was then adjourned at the defendant’s request to a certain day. It was on that day adjourned and afterward by three successive adjournments to the twenty-ninth day of December of the same year, two of which adjournments were made at the plaintiff’s request,…
2Cited by6 opinions
- Abrams v. Textile Realty Corp.New York Supreme Court · 1949
- Hampton Bays Supply Co. v. AdlerNew York Supreme Court · 1955
- In re the Estate of AmaranteNew York Surrogate's Court · 1933
- Union Brothers & Sisters Benevolent Society v. MullinoCourt of Appeals of Georgia · 1916
- Albany Brass & Iron Co. v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1898
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