Bock v. Bock

Laughlin, J.:

The inquest was taken in violation of rule VII of the Trial Term rules of the first district, an affidavit having been presented to the court and filed, showing that the counsel who was to conduct the defense was obliged to go to Albany to argue a cause on the day calendar of the Court of Appeals on that day. Litigants and their attorneys have a right to rely upon the observance of a rule prescribing that certain other court engagements of the counsel who is to try a cause shall entitle his client to have the cause passed for the day. The violation of the rule would in any case…