Harde v. Purdy
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Dudley S. Harde and Herbert S- Harde against Gertrude E. Purdy. From an order denying a motion for an adjournment, and directing the taking of an inquest, defendant appeals. Reversed.
1Opinion of the CourtGildersleeve, P. J.
This cause was called for trial on Tuesday, November 17, 1908, and an affidavit, submitted by the attorney for the defendant, in which he testified that he was then actually engaged in the trial of a case in the Supreme Court, and had been so engaged since the preceding Friday, and that it would doubtless take all that day to finish the trial. Upon the presentation of this affidavit the court denied the motion for a postponement, and the plaintiffs took an inquest immediately. It is true that the case had appeared upon the calendar on the 9th of November, at which time the case was adjourned…
2Cases cited2 opinions
- Damsky v. DochtermanAppellate Terms of the Supreme Court of New York · 1909
- Harde v. PurdyAppellate Terms of the Supreme Court of New York · 1909
3Cited by1 opinion
- City of Birmingham v. GoolsbySupreme Court of Alabama · 1933