Oakley v. Cokalete
New York Supreme Court
■ Motion to punish the attorney for the defendant for contempt. A stated Special Term of the Supreme Court for the "trial of issues is held, in Westchester county each Saturday. Each term is appointed to begin and end on the same day. The attorney for the plaintiff obtained an order to show cause why leave should not be had to amend the complaint, containing a stay of all proceedings meanwhile.
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■ Motion to punish the attorney for the defendant for contempt. A stated Special Term of the Supreme Court for the "trial of issues is held, in Westchester county each Saturday. Each term is appointed to begin and end on the same day. The attorney for the plaintiff obtained an order to show cause why leave should not be had to amend the complaint, containing a stay of all proceedings meanwhile. Notwithstanding such' stay, the attorney for the defendant moved the cause for trial on the following Saturday, at which term it had been noticed for trial in Westchester county.
1Opinion of the CourtGaynor, J.
I have carefully read the papers, upon this motion, and much regret what they disclose, and that I have to take notice of it. No objection is presented to their regularity or sufficiency, nor is any defect in them pointed out, but the motion is argued and submitted upon facts disclosed, upon the merits.
The order to show cause was retained by the defendant’s attorney, but the stay in it was intentionally disregarded. If it was irregular, and he did not wish to abide by it, he was free to apply • ex parte to the judge who made it to' vacate it; or to the court, but only upon notice, for the…
2Cited by1 opinion
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