McEwen v. Dimond
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas Dimond and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of February, 1903, granting the plaintiff’s motion to set aside the dismissal of the complaint taken by default, and to restore the action to the day calendar for trial upon condition that he give an undertaking for costs, and that the action be tried when reached upon the…
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Appeal by the defendants, Thomas Dimond and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of February, 1903, granting the plaintiff’s motion to set aside the dismissal of the complaint taken by default, and to restore the action to the day calendar for trial upon condition that he give an undertaking for costs, and that the action be tried when reached upon the calendar.
1Opinion of the Court
Ingraham, J.:
When this case was called for trial the plaintiff had grossly violated the rules which are prescribed for the trial of cases at Trial Term, and the court was not only justified in disposing of the ease, but was required so to do. When the engagements of counsel were such that it was apparent that he would not be able to try a case which had appeared upon the day calendar and had been passed on account of his actual engagement in court the plaintiff was bound to procure other counsel so that the case could be tried as provided for in the rules adopted for the regulation of trials…
2Cited by1 opinion
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