Woerner v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Star Company, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 10th day of January, 1905, granting the plaintiff’s motion for a preference.
1Opinion of the Court
Jenks, J.:
This appeal is by the defendant in an action for libel, from an order of the Trial Term granting á motion for a preference and designating the first Monday in May, 1905, for trial. The amendment of section 793 of the Code of Civil Procedure, by chapter 173 of the Laws of 1904, that if it should appear that the cause is entitled to a preference and is intended to be moved for trial at or for the term for which the application is made the court or justice must designate a day certain during the term, on which day the said cause shall then be heard, was declared unconstitutional by the…
2Cases cited2 opinions
- Riglander v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Schuman v. Brooklyn Heights R. Co.New York Supreme Court · 1901
3Cited by4 opinions
- Plachte v. Bancroft Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Bank of the United States v. Fenley Realty Co.City of New York Municipal Court · 1932
- Koldowsky v. DubinCity of New York Municipal Court · 1931
- Lawson v. LawsonAppellate Division of the Supreme Court of the State of New York · 1937