Goodness v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Theodore Goodness, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 7th day of February, -1900, granting the defendant’s motion to vacate and set. aside the default and inquest taken herein and the judgment entered thereon, and restoring the case to the calendar for trial.
1Per curiam
It appears, without dispute, that when both parties • answered ready for trial, upon the call of the calendar, the case stood third for trial. Subsequently the defendant’s representative learned that the first case would not be tried, but that the second case would be ready and would take about three hours. Thereupon the defendant’s representative notified the counsel employed to try the case that he need not attend in court upon the call of the calendar, but might come later. When the court opened; the cause that was supposed to be ready for trial was not tried, and this case standing next…
2Cited by1 opinion
- Pierce v. KleinfeldNew York Supreme Court · 1907