Meisen v. Rothfeld
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac Rothfeld, from a judgment of the Municipal Court of the city of New York, borough of Queens, in favor of the plaintiff, entered on the 2oth day of August, 1903.
1Opinion of the Court
Jerks, J.:
This judgment must be reversed. The record shows that upon the call of this case and at the time of filing the answer the defendant, applied for a removal to the County Court and asked that the sureties named in the undertaking be sworn in. The court accepted the answer and the undertaking and swore the sureties. Thereafter the court retired to examine the sureties, but before their examination, the attorney for the plaintiff moved for a discontinuance. The *448¿attorney for the defendant objected that the court had no jurisdiction to grant the motion to discontinue at that time,…
2Cases cited3 opinions
- Hogan v. DevlinNew York Court of Common Pleas · 1867
- Warren v. CampbellNew York Court of Common Pleas · 1891
- Tuttle v. GalliganAppellate Terms of the Supreme Court of New York · 1898