Schuman v. Brooklyn Heights R. Co.
New York Supreme Court
Application by Lawrence Schuman, an infant, by his next friend, to have an action against the Brooklyn Heights Bailroad Company given preference in the trial calendar. Denied.
1Opinion of the CourtMaddox, J.
The right to a statutory preference, under section 791 of the Code of Civil Procedure, must be availed of in the manner provided by section 793; and, where no order is required, if the cause is entitled to a preference, it shall be placed by the clerk “among the preferred causes at the head of the calendar.”
The question now presented is, on what calendar shall the preference obtain, if not the calendar for the term for which the cause is moved for trial? And, again, shall a junior issue have preference over causes on a calendar for an earlier term, and awaiting call for trial in their regular…
2Cited by3 opinions
- Reinertsen v. Erie RailroadNew York Supreme Court · 1910
- Woerner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902