Jacob v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Campbell Thompson, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of December, 1902, granting the plaintiff’s motion to place the cause upon the Special Term calendar.
1Opinion of the Court
Pbb Cubiam :
We think that the plaintiff’s motion to place the cause on the Special Term calendar should have been denied upon the ground of laches. The action was noticed by both parties for Trial Term and it has there been once tried, and now, after two years of delay, the effort is made to have it taken from the Trial Term calendar and sent to the Special Term. Upon the authority of the following cases, we think that the plaintiff by laches has waived his right to have the *527issues raised by the answer sent to the Special Term: Tubbs v. Embree (89 Hun, 475); Mackellar v. Rogers (109 17. N. Y.…
2Cases cited2 opinions
- Boyd v. BoydNew York Court of Common Pleas · 1895
- Tubbs v. EmbreeNew York Supreme Court · 1895
3Cited by1 opinion
- Groden v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1908