Reed v. Fenn
New York Supreme Court
Action by Edgar P. Reed against Albert O. Fenn and others. Motion by part of defendants to postpone the trial of a number of cases and for other relief. Cases postponed over term on terms stated.
Read the full summary
Action by Edgar P. Reed against Albert O. Fenn and others. Motion by part of defendants to postpone the trial of a number of cases and for other relief. Cases postponed over term on terms stated. Motion by each of the defendants, except the defendant Busch (not served), in this and 32 other separate actions by other plaintiffs against the same defendants, to postpone the trial of these eases until the hearing and determination of the appeal of the defendants Watson, Sibley, Eastman, and Strong to the Appellate Division of this court, from an order setting aside the verdict in their favor in…
1Opinion of the CourtFoote, J.
It is at least doubtful whether this court has the power to postpone the trial of these cases until the determination of the appeal in the Lane Case; but, if it has the power, certainly the established practice is against such an order, where, as in this case, its practical operation would be to stay the proceedings in these actions. The reason is that the decision upon the appeal in the Lane Case, whatever it should be, would not obviate the necessity of a trial of these cases, as it would not determine, as between the parties in these cases, any of the controversies involved. I regard the…
2Cases cited3 opinions
- Dolbeer v. . StoutNew York Court of Appeals · 1893
- Ogden v. Pioneer Iron WorksAppellate Division of the Supreme Court of the State of New York · 1904
- Sammons v. ParkhurstNew York Supreme Court · 1905