American Exchange National Bank v. Yule Machine Co.

Patterson, J.:

This appeal is from an order granting a motion made by the plaintiff to place this cause upon the preferred calendar of the court. A notice of trial was served by its attorney for the December term of the year 1900, and at the same time notice of an application for a preference was given as required by subdivision 8 of section 791 of the Code of Civil Procedure, and thereafter a note of issue was tiled. It appears, however, that the cause was at issue prior to the month of April, 1899, and the plaintiff served a notice of trial for the Apj'il term, 1899, and again served a…