McCollum v. McClave
New York Court of Common Pleas
Appeal from a judgment of tbe Marine Court. On tbe return day of tbe summons in tbis action, tbe defendant failed to appear, and an inquest was taken and judgment was rendered thereon. On tbe defendant's motion, this judgment was after-wards set aside, and tbe cause was set down for trial for the 20th of February. Tbe cause was not put on the calendar for that day, but was placed on tbe calendar on tbe 28d of February.
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Appeal from a judgment of tbe Marine Court. On tbe return day of tbe summons in tbis action, tbe defendant failed to appear, and an inquest was taken and judgment was rendered thereon. On tbe defendant's motion, this judgment was after-wards set aside, and tbe cause was set down for trial for the 20th of February. Tbe cause was not put on the calendar for that day, but was placed on tbe calendar on tbe 28d of February. On that day tbe defendant failed to appear, and tbe plaintiffs’ attorney assuring tbe court that tbe cause was properly upom tbe calendar, tbe following order was made: P “…
1Opinion of the CourtBrady, J.
An inquest having been taken in this action in tbe Marine Court, whether properly or not, it was, on tbe defendant’s application, set aside, and the cause ordered to be placed on tbe calendar for 20th February, 1856. It was not placed on tbe calendar on that day, .and on tbe 23d February, *1421856, from assurances of tbe plaintiffs’ counsel that the cause, then on the calendar, was properly there, and the defendant not appearing, the justice, by order, without proof, directed that the judgment before taken, and which was set aside, should stand, with $12 costs. The judgment must be reversed…
2Cited by2 opinions
- In re the Estate of GrubeNew York Surrogate's Court · 1937
- Hamill v. ChamplinSupreme Court of Rhode Island · 1878