De Nigris v. Brill
Appellate Terms of the Supreme Court of New York
Appeal by tbe plaintiff from a judgment in favor of the-defendants, rendered in the Municipal Court of the city of Eew York, first district, borough of Manhattan.
1DissentMacLean, J.
On the return day, the plaintiff demanded a jury trial and forthwith paid his fee pursuant to section 231 of the Municipal Court. Act. Thereafter the cause was adjourned, not upon application of the parties, but by order of the court because of a congested calendar. When called upon the adjourned day the justice-dismissed the cause for failure of the plaintiff to pay another-jury fee. This was. error. Had the adjournment been at the request of the plaintiff, an additional fee might have-been imposed (Mun. Ct. Act, § 238), but there is no provision *650in the act for an additional fee in case like…
2Cases cited1 opinion
- In re HaleNew York Supreme Court · 1900