Carroll v. Pennsylvania Steel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by .the defendant, The Pennsylvania Steel Company, from an order_of the Supreme Court, made at the Mew York Trial Term and entered in the office of the clerk of the county of Mew York on the 7th day of June, 1904, granting the plaintiffs motion to prefer this action over other issues.
1Opinion of the Court
Per Curiam :
This motion for a preference was made upon the ground that the action is one of those specified in subdivision 5 of section 791 of the Code of Civil Procedure.
The motion was made upon the pleadings, and no affidavit was presented to the court showing any facts or special reason why the action should be preferred over other issues. • An application for a preference is one addressed to the discretion of the court, and, to the end that it should be exercised favorably or unfavorably to the applicant, some facts should be presented to the court other than that the case is one which…
2Cases cited2 opinions
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Eising v. YoungNew York Supreme Court · 1902
3Cited by3 opinions
- Gehrt v. DeaneCity of New York Municipal Court · 1908
- Ortner v. New York City Railway Co.City of New York Municipal Court · 1907
- Peck v. MaherCity of New York Municipal Court · 1909