Johnson v. Monahan
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order restoring the .above action to the calendar after it had been dismissed for failure of the plaintiff to appear, and from a judgment by default entered after the case had been restored to the calendar of the Municipal Court of the city of New York, .twelfth district, borough of Manhattan.
1Opinion of the CourtMacLean, J.
This cause being at issue in February, 1905, its trial was adjourned from time to time by consent to March thirteenth. Hpon the eleventh, it was agreed that it be further adjourned to the twenty-first and a stipulation -signed by the respective attorneys to that effect was mailed the clerk of the court the day following, a Sunday. On the twenty-first, both parties attended with their attorneys. Then it transpired that the stipulation not having reached the clerk betimes and no one appearing on the call of the -calendar the cause had been dismissed. The stipulation was produced by the clerk,…
2Cases cited1 opinion
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
3Cited by2 opinions
- Goldstein v. Mason Seamon Transportation Co.Appellate Terms of the Supreme Court of New York · 1912
- Equitable Trust Co. v. WehrenbergAppellate Terms of the Supreme Court of New York · 1913