O'Brien v. King

The judgment dismissing the complaint recites that the plaintiff applied upon the call of the calendar for an adjournment of the trial “ without good cause or sufficient legal reason shown therefor.” On this appeal from such order we are not passing upon the merits of this stockholder’s representative action. A question of practice is involved.

The plaintiff, bis witness Alvah H. Cole, and the defendant Philip M. King are the survivors of five original stockholders. The record discloses that at the time the application for an adjournment was made plaintiff was confined to a hospital in New…