Wallace v. Syracuse, Binghamton & New York Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Syracuse, Binghamton and New York Railroad Company, from an order of the Supreme Court, made at the Cortland Trial Term and entered in the office of the clerk of the county of Cortland on the 26th day of January, 1898, denying the defendant’s motion to strike the cause from the calendar of the January Trial Term.
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Appeal by the defendant, The Syracuse, Binghamton and New York Railroad Company, from an order of the Supreme Court, made at the Cortland Trial Term and entered in the office of the clerk of the county of Cortland on the 26th day of January, 1898, denying the defendant’s motion to strike the cause from the calendar of the January Trial Term. The defendant’s time to answer, which had been extended by order, expired on the 10th day of January, 1898. At two o’clock in. the afternoon of that .day, and before the service of an answer, the plaintiff served a notice of trial for the Cortland Trial…
1Per curiam
Section 977 of the Code of Civil Procedure .provides that “ At any time after the joinder of issue, and' at least fourteen days before the commencement of the term, either party may serve a notice of trial.” Under the provisions of t-hi's section the procedure of the plaintiff in attempting to serve a notice of trial before the defendant had served its answer was unauthorized. At the time of such attempted service no issue had been joined, and there was no issue to be noticed for trial.' The defendant’s attorneys, therefore, were authorized to return the notice as they did at three o’clock in…
2Cases cited2 opinions
- Prentiss v. . BowdenNew York Court of Appeals · 1895
- Prentiss v. BowdenThe Superior Court of the City of New York and Buffalo · 1894
3Cited by4 opinions
- Sanders v. People's Co-operative Ice Co.New York Supreme Court · 1904
- Grossman v. SilvermanNew York Supreme Court · 1911
- Lanni v. GrimesNew York Supreme Court · 1940
- People v. Alouisa, New York County Courts1983