Weiss v. Morrell
New York Court of Common Pleas
Appeal from city court, general term. Action by Ignatz Weiss and others against Joseph B. Morrell and another. From an order of the city court affirming an order advancing the cause to the short-cause calendar, and from an order denying a resettlement thereof, and from an order to strike the cause from both the special and general calendars of the court, ■defendants appeal. Affirmed.
1Opinion of the CourtDaly, C. J.
A notice of trial was served by plaintiffs’ attorney upon the defendants’ attorney on the 23d of December, 1893, for-the 2d day of January, 1893. The latter date was obviously a clerical error, and the defect might be waived by the party receiving the notice, and in this case it was waived, because the notice-was retained. If defendants intended to object to the irregularity, they should have returned the paper, with a notification of their reasons, and then a proper notice of trial could have been served. By retaining the paper they must be deemed, to have regarded it as a sufficient notice,…
2Cases cited2 opinions
- Whitney v. . TownsendNew York Court of Appeals · 1876
- Waters v. CurtisNew York Court of Common Pleas · 1885
3Cited by2 opinions
- Plachte v. Bancroft Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Burnell v. ColesAppellate Terms of the Supreme Court of New York · 1899