Yorke Waist Co. v. Rainbow
City of New York Municipal Court
Action by the Yorlce Waist Company against one Rainbow. Upon defendant’s failure to appear, the plaintiff moved for judgment, and the clerk of the court demanded the trial fee of Municipal Court Code, § 173, subd. 2.
1Opinion of the CourtLauer, J.
This case was commenced in this court and was at issue prior to September 1, 1915, when the Municipal Court Code became effective. It appeared on the calendar of this court on the 2d inst., and upon, the failure of the defendant to appear the plaintiff asked for judgment by making proof of his cause of action, as he is required by law to do where an answer has been filed controverting certain issues raised by the complaint. The clerk of the court having demanded the trial fee of $1 pursuant to subdivision 2 of section 173 of the Municipal Court Code, I have decided that the fee is proper, and…
2Cases cited4 opinions
- Mora v. Great Western InsuranceThe Superior Court of New York City · 1863
- In re HaleNew York Supreme Court · 1900
- People ex rel. Kempner v. WilsonNew York Supreme Court · 1901
- In re Du BoisNew York Supreme Court · 1901
3Cited by2 opinions
- Arcadia Hosiery Co. v. FineCity of New York Municipal Court · 1930
- Travelers Insurance v. RabinowitzAppellate Terms of the Supreme Court of New York · 1926