Roberts v. Schaf
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by George H. Roberts, Jr., and others, against °Minnie M. Schaf. From an order that a notice of trial be deemed sufficient, defendant appeals.
1Opinion of the CourtJenks, J.
The plaintiffs procured an attachment upon the property of the defendant, which the court subsequently vacated. The order of vacation, which awarded $10. costs to the defendant, was served on the plaintiffs on October 17th. On October 27th — 14 days before a trial term — the plaintiffs noticed the case for trial thereat. The de*779fendant forthwith returned the notice on the ground, specified thereon, that the plaintiffs were stayed because they had not paid the said motion costs. On October 28th — only 13 days before the said trial term —the plaintiffs again served the same notice of trial, and…
2Cases cited1 opinion
- Leland v. SmithNew York Court of Common Pleas · 1870