Rawson v. Silo
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Saratoga County. Action by Edmund G. Rawson against James P. Silo and another. From an order imposing certain terms as conditions of permitting the withdrawal of a juror, plaintiff appeals. Affirmed.
1Opinion of the CourtChase, J.
The respondents did not ask for nor obtain the order from which the appeal is taken. It was made at the appellant’s request, and the trial of the action then in progress was postponed by reason thereof. It was wholly for plaintiff’s benefit. If appellant considered that the terms imposed as a condition of granting his request were onerous and unsatisfactory, he should have declined to accept the order on the terms imposed, and proceeded with the trial. See Matter, etc., Waverly Water Works Co., 85 N. Y. 478. After the trial of an action has commenced, and one of the parties asks to be allowed…
2Cases cited2 opinions
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
- In re Callahan's EstateNew York Supreme Court · 1892