State Bank v. Spence
City of New York Municipal Court
Appeal from special term. A.ction by the State Bank against John Spence and others, doing business as the Bell Manufacturing Company. From an order advancing the cause to short-cause calendar, the defendants appeal.
1Opinion of the CourtDelehanty, J.
This is an appeal from an order granting plaintiff’s motion to place the cause upon the short-cause calendar. On November 30, 1901, plaintiff served a notice that the cause would be moved for trial on December 8, 1901, which day was a Sunday. Thereafter it applied, upon notice, to place the cause upon the short-cause calendar, and the defendants then objected thereto for the reason that no valid notice of trial had been served. The motion was granted, and the appeal is from the order entered thereon.
I am of the opinion that the order was improperly granted. It is based upon a notice of trial…
2Cases cited9 opinions
- Van Vechten v. PaddockNew York Supreme Court · 1815
- Boyd v. VanderkempNew York Court of Chancery · 1846
- Hoghtaling v. OsbornNew York Supreme Court · 1818
- Hastings v. . FarmerNew York Court of Appeals · 1850
- Wright v. JeffreyNew York Supreme Court · 1825
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