Legal Opinion

Riglander v. Star Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1904PublishedCited by 82 opinions

Appeal by the defendant, the Star 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 10th day of October, 1904, granting the plaintiff’s motion for a preference and setting the case down for trial upon a day certain during the October term, 1904.

1Opinion of the Court

Van Brunt, P. J.:

In approaching the consideration of the questions which are involved in this appeal, it is first of all necessary to determine what *102the Legislature intended by the amendments to the laws regulating preferences in civil actions which it enacted during the last session, as the legislative intention must always be sought after, and must control in the interpretation of statutes.

In determining this question we must look at the provisions of the Code of Civil Procedure regarding preferences as they then stood and the interpretation that had been put upon them by the courts at the…

2Cases cited8 opinions

  1. Hovey v. ElliottSupreme Court of the United States · 1897
  2. Ex Parte WallSupreme Court of the United States · 1883
  3. Stuart v. . PalmerNew York Court of Appeals · 1878
  4. Galpin v. PageSupreme Court of the United States · 1874
  5. Louisville & Nashville Railroad v. SchmidtSupreme Court of the United States · 1900

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3Cited by82 opinions

  1. A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
  2. People v. MezonNew York Court of Appeals · 1992
  3. Cohn v. Borchard AffiliationsNew York Court of Appeals · 1969
  4. People v. CastelloCalifornia Court of Appeal · 1998
  5. United States v. William Brainer, Eugene Gressman, Esq., Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1982

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