Taylor v. Church
New York Court of Common Pleas
The plaintiffs, composing a firm at the West, brought an action against the defendant for a libel upon the firm. The cause was tried, and judgment rendered for the plaintiffs. On appeal to the court of appeals," a new trial was ordered. Pending the appeal, Taylor, one of the plaintiffs, died; a suggestion of such death was entered óp the record, and after the decision of the court of appeals, the -plaintiffs noticed the cause for trial at" the April term of this court.
Read the full summary
The plaintiffs, composing a firm at the West, brought an action against the defendant for a libel upon the firm. The cause was tried, and judgment rendered for the plaintiffs. On appeal to the court of appeals," a new trial was ordered. Pending the appeal, Taylor, one of the plaintiffs, died; a suggestion of such death was entered óp the record, and after the decision of the court of appeals, the -plaintiffs noticed the cause for trial at" the April term of this court. The defendant moved to strike the cause from the calendar on-the ground that the surviving plaintiffs should have obtained…
1Opinion of the Court
Ingraham, First Judge.
This action is brought for a libel on a firm in regard to their business. The plaintiffs recovered a judgment in this court, and while an appeal was pending to the court of appeals, John C. Taylor, one of the plaintiffs, died. A suggestion of the death was made upon the record, and the case was heard before that court. The judgment was afterward reversed, and a new trial ordered. The defendant now moves for an order to strike the cause from the calendar, because the plaintiffs have not obtained an order, under the 12lst *191section of the Code, allowing the action to he…
2Cited by3 opinions
- Lachaise v. LibbyNew York Court of Common Pleas · 1861
- Latz v. BlumenthalNew York Supreme Court · 1906
- Taylor v. ChurchNew York Court of Appeals · 1853