Clarke v. Eighth Avenue Railroad

The legislature cannot deprive this court of its inherent power “ to control its order of business and to so conduct the same that the rights of all suitor's before ” it “ may be safeguarded.” Riglander v. Star Company, 98 App. Div. 101; affd., 181 N. Y. 531. Where the reasons for preferring a cause develop after the term, for which it was first noticed the court should nevertheless exercise its discretion and direct the preference. The affidavits here show satisfactorily why the motion was not noticed for the opening of the October term. On the. showing-made the discretion of the court…