Morse v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Press Publishing Company, 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 7th day of February, 190.2, granting the plaintiffs motion for a preference and setting the case down for the calendar call of February 14, 1902, in pursuance of rules HI and Yll of'the rules of the Trial Term, first department. >
1Opinion of the Court
Ingraham, J.:
There is presented on this appeal the question as to whether the. plaintiff, in an action specified in section 791 of the Code of Civil' Procedure, is entitled as a matter of right to have his case advanced over cases noticed for trial for prior terms. In view of the large increase of the cases specified in this section of the Code, the condition of the calendar has become such that a- large part of each term of the trial courts is consumed in'the disposition of the cases which are thus placed ahead of the other actions On the calendar and slight progress is made in the call of…
2Cases cited1 opinion
- Cain v. . the City of SyracuseNew York Court of Appeals · 1884
3Cited by21 opinions
- Plachte v. Bancroft Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Novak v. NovakNorth Dakota Supreme Court · 1946
- Williams v. MittlemannAppellate Division of the Supreme Court of the State of New York · 1940
- Town of Hempstead v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1910
- Weber v. KowalskiNew York Supreme Court · 1975
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