MacDonald v. Hamilton B. Wills & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William B. MacDonald, from an order of the Supreme Court, made at the Erie SpeciaJ Term and entered in the office of the clerk of the county of Erie on the 3d day of November, 1921, setting aside and vacating a notice and subpoena issued under section 290 of the Civil Practice Act in an action commenced before October 1, 1921.
1Concurrence
Davis, J. (concurring):
I concur for reversal. I think the intent of the Legislature was, as stated in the act, to repeal the Code of Civil Procedure and to substitute on October 1, 1921, the Civil Practice Act in governing practice and procedure in our courts. (Civil Practice Act, §§ 1568, 1577.) On the two prior occasions when our practice has been changed, the purpose of the Legislature was made clear in somewhat similar language, that only in proceedings pending in actions already commenced and in those where definite, existing rights might be lost or *207impaired, did the old practice remain…
2Cases cited1 opinion
- The Mayor, C. of New-York v. . SchermerhornNew York Court of Appeals · 1848