Hopkins v. Meyer
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Gilbert P. Hopkins against Julian H. Meyer and another. From so much of an order opening the default of defendants at the trial as imposed terms and conditions, they appeal.
1Opinion of the CourtWoodward, J.
This action was called for trial on the 17th of February, 1902. At that time affidavits were submitted on behalf of the defendants explaining their inability to proceed with the trial. These affidavits alleged that defendants’ attorney had been subpoenaed and was then in attendance at a trial being held before the supreme court, where he was a material and necessary witness. The case was held until 2 o’clock, when further affidavits were submitted in behalf of the defendants, but the case was ordered to trial, and defendants’ attorney appeared late in the day, and did not have his witnesses…
2Cases cited4 opinions
- Humble v. McDonoughSuperior Court of Buffalo · 1893
- Bennett v. Matthews & WarrenNew York Supreme Court · 1872
- Gallagher v. MerrillAppellate Division of the Supreme Court of the State of New York · 1897
- Hopkins v. MeyerAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- National Millwork Corp. v. Preferred Mut. F. Ins. Co.District Court, E.D. New York · 1939