Seifert v. Caverly
New York Supreme Court
Appeal from Erie county court. Action by Catherine S. Seifert against Bichará Caverly. Plaintiff appeals from an order of the county court which imposed terms and conditions on, which plaintiff’s default taken at the trial term was opened. So much of order as appealed from reversed.
1Opinion of the CourtMacomber, J.
At a term of the county court of Erie county, held on the 19th day of January, 1891, this cause, it is claimed by the defendant, was duly noticed for trial. The plaintiff’s counsel, happening to be in court on that day, discovered the cause on the day calendar, and objected to its continuance there upon the ground that no notice of trial had been served upon , him. Thereupon the court, without the consent of the plaintiff’s attorney,, set the case down for the following day. On that day, namely, the 20th of January, 1891, the cause was reached. The plaintiff did not appear, and under an…
2Cases cited1 opinion
- Yates v. . GuthrieNew York Court of Appeals · 1890
3Cited by2 opinions
- Anthony v. SchofieldAppellate Division of the Supreme Court of the State of New York · 1943
- M Entertainment, Inc. v. LeydierAppellate Division of the Supreme Court of the State of New York · 2009