Roberts v. Jenkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie A. Roberts, as administratrix, etc., of David H. Roberts, deceased, 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 3d day of April, 1900, denying her motion to advance the cause and place the same upon the preferred cause calendar.
1Opinion of the Court
Per Curiam :
The order denying a motion for a preference of this cause upon the calendar must be affirmed. The pleadings in the action are not in the record, nor is there anything from which we are able to determine that the plaintiff is entitled to the statutory preference claimed. That right cannot be inferred simply from the title of an action.
The order must be affirmed, with ten dollars costs and disbursements.. Present—Van Brunt, P. J., Rumsey, Patterson, Ingraham and McLaughlin, JJ.
Order affirmed, with ten dollars costs and disbursements.
2Cited by3 opinions
- Marando v. T. A. Gillespie Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Dooley v. PagetNew York Supreme Court · 1902
- Marando v. T. A. Gillespie Co.Appellate Division of the Supreme Court of the State of New York · 1900