Ziegler v. Trenkman

Issue was joined September, 1895. Plaintiff noticed the cause for the March term, 1896, without serving at the same time a notice of motion for a preference. He subsequently noticed the cause for the April term, and served with his notice of trial a notice of application for a preference. His motion was argued April 7, 1896, and denied April 26, 1896. The denial was on the ground that plaintiff had waived his right to a preference by noticing the action *433for the March term, without claiming a preference at the time. N. Y. Law Jour. April 27, 1896. Subsequently the plaintiff' moved to amend his…