Fox v. Quinn
New York Court of Common Pleas
Action by Patrick J. Fox against Daniel F. Quinn, as executor, etc. Plaintiff moved to have the cause preferred. The notice of application for the preference was served with a notice of trial, but it appeared that the cause had been previously noticed for trial by plaintiff without a notice of application for a preference, and that the cause was then placed upon the calendar, where it now stands awaiting trial.
1Opinion of the CourtDaly, J.
By the amendment to section 793 of the Code passed in 1888, (chapter 497, Sess. Laws,) causes entitled to a preference cannot have such preference upon the calendar unless notice of application therefor is served with the notice of trial. Before the amendment in question, those cases in which the right to a preference depended upon facts which did not appear in the pleadings could only have their preference upon the calendar by the *726procuring of an order made upon notice, and such order had to be. served with, or before, the notice of trial; and it was held that, where a notice of trial was…
2Cases cited1 opinion
- City National Bank of Dallas v. National Park BankNew York Supreme Court · 1882
3Cited by4 opinions
- Marsh v. Standard Structural Co.City of New York Municipal Court · 1901
- Porath v. O'ShaughnessyCity of New York Municipal Court · 1898
- Ziegler v. TrenkmanNew York Supreme Court · 1899
- Ritchie v. Seaboard Nat. BankNew York Court of Common Pleas · 1895