Krahner v. Heilman
New York Court of Common Pleas
Appeal from fifth district court. Action by Jacob Krahner against John Heilman to recover broker’s commissions upon sale of real estate. Code Civil Proc. H. Y. § 3216, gives defendant the right, on filing an undertaking, to have certain cases removed from the district courts of New York city to the court of common pleas, and provides that he may apply for an order of removal after issue is joined, and before an adjournment has been taken, on his application.
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Appeal from fifth district court. Action by Jacob Krahner against John Heilman to recover broker’s commissions upon sale of real estate. Code Civil Proc. H. Y. § 3216, gives defendant the right, on filing an undertaking, to have certain cases removed from the district courts of New York city to the court of common pleas, and provides that he may apply for an order of removal after issue is joined, and before an adjournment has been taken, on his application. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDaly, J.
The first question raised by the appeal is whether the undertaking filed by defendant, and the proceedings thereon, required the removal of this cause to this court for trial. The defendant, upon the return-day of the summons, offered an undertaking, which was rejected; but leave to file another undertaking was granted, and an adjournment had for the production of sureties to justify. The undertaking was filed; but, upon the adjourned day, defendant did not appear with the sureties. His default was taken, and judgment rendered in plaintiff’s favor. This j udgment was subsequently vacated, and…
2Cases cited1 opinion
- Hogan v. DevlinNew York Court of Common Pleas · 1867
3Cited by7 opinions
- Pellaton v. BrunskiCalifornia Court of Appeal · 1924
- Harris v. Van VrankenNorth Dakota Supreme Court · 1915
- Warren v. CampbellNew York Court of Common Pleas · 1891
- Levy v. RuffNew York Court of Common Pleas · 1893
- Halperin v. SchermerhornNew York Court of Common Pleas · 1894
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