Gehrt v. Deane
City of New York Municipal Court
Action by Louis C. Gehrt, as administrator of William Schmidt, deceased, against Annie Deane. On motion to prefer the action. Motion denied. 0
1Opinion of the CourtFinelite, J.
This motion for a preference is made upon the ground that this action is one of those specified in subdivision 5 of section 791 of the Code of Civil Procedure. The plaintiff moves upon his complaint alone, and presents no affidavit containing special facts or circumstances why this action should be preferred over other issues.
An application of this kind is addressed to the discretion of the court, and in order to exercise that discretion the court should be made cognizant of facts other than what the pleadings show that the case is one which might be preferred under section 791 of the Code of…
2Cases cited6 opinions
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Eising v. YoungNew York Supreme Court · 1902
- Carroll v. Pennsylvania Steel Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Davis v. WesterveltNew York Supreme Court · 1902
- Martin's Bank v. Amazonas Co.Appellate Division of the Supreme Court of the State of New York · 1904
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