Walsh v. Sun Mutual Insurance
The Superior Court of New York City
Motion by the defendant upon affidavits and order, to show cause why a special jury should not be struck for the tidal of this cause. The facts upon which the application was based appear in the opinion. relied on 2 Laws of 1857 (114, ch. 530); Foster a. Steele (3 Bing., N.S., 892; 5 Durnf. & E., 460; Anonymous, 1 Salk., 405); Livingston a. Smith (1 Johns., 141); Spencer a. Sampson (1 Cai., 498). cited Nesmith a. Atlantic Insurance Co. (8 Abbotts' Pr., 423); Giles a.
Read the full summary
Motion by the defendant upon affidavits and order, to show cause why a special jury should not be struck for the tidal of this cause. The facts upon which the application was based appear in the opinion. relied on 2 Laws of 1857 (114, ch. 530); Foster a. Steele (3 Bing., N.S., 892; 5 Durnf. & E., 460; Anonymous, 1 Salk., 405); Livingston a. Smith (1 Johns., 141); Spencer a. Sampson (1 Cai., 498). cited Nesmith a. Atlantic Insurance Co. (8 Abbotts' Pr., 423); Giles a. Flagg, (MS.)
1Opinion of the CourtMoncriff, J.
The affidavit states that the case is on the calendar of the present (March) term of this court, and will very likely be reached on the first day of the term. Some such allegation was necessary to obtain an order to show cause, avoiding the usual notice of motion of eight days.
A stay of proceedings should not have been granted under such circumstances, except at the trial-term, or by the justice assigned to hold that part of the trial-term upon whose calendar the cause was placed. .(Rule 39 of the Supreme Court and Code, § 402.)
The reason of the rule and great propriety of the practice is…
2Cases cited7 opinions
- Poucher v. LivingstonNew York Supreme Court · 1829
- Hartshorn v. GelstonNew York Supreme Court · 1805
- Livingston v. Columbian InsuranceNew York Supreme Court · 1804
- New-Windsor Turnpike Co. v. EllisonNew York Supreme Court · 1806
- Patchin v. SandsNew York Supreme Court · 1833
2 more not listed; retrieve them via the Exa API.