Porath v. O'Shaughnessy
City of New York Municipal Court
Appeal from an order made at Special ¡Term, granting the motion made by the "plaintiff to place this action on the short cause calendar of this court, on the ground that the plaintiff is an infant suing by her guardian.
1Opinion of the CourtO’Dwyer, J.
The action was at issue by "the service o-ff an answer/ "oh October "18, '1897, and k notice of trial was served by *253the plaintiff on. the 19th day of January, 1898. Thereafter, on the 28th day of January, 1898, plaintiff served a notice of ¡motion to place this action on the short cause .calendar, under section 791 of the Code '¡of Civil Procedure, subdivision 5, and with said notice ¡of motion served an affidavit in support ¡ of the] same¡, setting forth the right of the plaintiff to a preference.
The plaintiff, in order to avail herself of the: right to ,a preference under section 791 of the…
2Cases cited1 opinion
- Fox v. QuinnNew York Court of Common Pleas · 1890
3Cited by1 opinion
- Hamilton v. Fourth Estate Co.City of New York Municipal Court · 1898