Legal Opinion

Poerschke v. Baldwin

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1903Published

Appeal by the plaintiff, Edward R. Poerschke, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of February, 1903, as directs that the cause be placed on the general calendar for trial at Trial Term.

1Opinion of the Court

McLaughlin, J.:

This appeal is from so much of an order as directs that the cause be placed on the general calendar for trial at Trial Term, and alsa placing the cause under its proper number on the first call calendar of causes taken from the general calendar after the entry of the order.

The action is in ejectment. Both parties noticed the cause for trial at Special Term. The plaintiff subsequently moved that the case be stricken from the Special Term calendar and be sent to the Trial Term calendar. The motion was granted and a provision was inserted in the order to the effect that the clerk…

2Cases cited1 opinion

  1. Haskin v. MurrayAppellate Division of the Supreme Court of the State of New York · 1898

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