Morse v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Press Publishing Company, from •an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 7th day of February, 190.2, granting the plaintiffs motion for a preference and setting the case down for the calendar call of February 14, 1902, in pursuance of rules HI and Yll of'the rules of the Trial Term, first department. >
1ConcurrenceLaughlin, J.
This appeal challenges the regularity of the practice which has long prevailed in this department of giving statutory preferred causes preference at each new term of court over non-preferred causes on the general calendar noticed for trial at preceding terms.
This is an action for libel. Issue was joined herein on the 24th day of June, 1899. The case was duly noticed for the November term, 1901, and with notice of trial the plaintiff served a notice of motion for a preference for the first day of the term. The motion was granted, and the cause, which is No. 12,368 on the general calendar, was…
2Cases cited1 opinion
- Schuman v. Brooklyn Heights R. Co.New York Supreme Court · 1901