Black v. Continental National Bank
New York Supreme Court
Motion upon two days’ previous notice on the part of the plaintiff, to place cause on the day calendar, returnable at the circuit. It appeared that after the cause had been once tried, a new issue had been raised by the service of an amended answer. The order granting leave to amend said nothing about the date of issue. The cause remained upon the calendar by its former number.
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Motion upon two days’ previous notice on the part of the plaintiff, to place cause on the day calendar, returnable at the circuit. It appeared that after the cause had been once tried, a new issue had been raised by the service of an amended answer. The order granting leave to amend said nothing about the date of issue. The cause remained upon the calendar by its former number. W. W. Goodrich, for the motion,—Contended that the original issue governed the place of the cause on the calendar. John W. Sterling, opposed,—Cited Bailey v. Spofford.*
1Opinion of the CourtWestbrook, J.
As it was not made a part of terms of the amendment that the issue should date back, the right to advance is in the discretion of the court. Owing to recent employment of counsel, the trial should wait their convenience somewhat. The cause will be placed on the calendar for June term, and the court can then make such further order as to its trial as will be just.
2Cited by5 opinions
- Gair v. BirminghamThe Superior Court of the City of New York and Buffalo · 1891
- Fisher v. GunnThe Superior Court of the City of New York and Buffalo · 1895
- Myers v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1890
- Fisher v. GunnThe Superior Court of New York City · 1895
- Graham v. Stirling InsuranceNew York Court of Common Pleas · 1880