Buell v. Hollins
Appellate Terms of the Supreme Court of New York
Appeal from an order of the General Term of the City Court of New York, which'affirmed an order denying a. motion to vacate an order sending a cause from the special calendar to the foot of the general calendar after the trial had been entered upon.
1Opinion of the CourtBischoff, J.
This cause was placed upon the calendar of short
causes for trial in the court below, and, before the completion of. the trial, it was, of the court’s own motion, sent.back to be placed at the foot of. the general calendar, with $30 costs to defendant to abide the event, by an order which recited the fact that the trial had occupied more than one hour. City Court Bule 14.
Thereafter, at the same term, a motion was made before the trial justice to vacate this order, the motion being based upon affidavits, verified respectively, by the ' plaintiff’s attorneys and their clerk, alleging that the…
2Cases cited4 opinions
- Bergen v. . CarmanNew York Court of Appeals · 1879
- De Barante v. . DeyermandNew York Court of Appeals · 1869
- Crosby v. . StephanNew York Court of Appeals · 1885
- Doyle v. Metropolitan Elevated RailroadNew York Court of Common Pleas · 1892
3Cited by3 opinions
- Plachte v. Bancroft Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Schmidt v. LivingstonAppellate Terms of the Supreme Court of New York · 1897
- Schwartz v. WolfrathCity of New York Municipal Court · 1898