Romaine v. Bowdoin
New York Supreme Court
Appeal from special term, New York county. Action by Victoria A. Romaine against George S. Bowdoin and. others. From an order denying defendants’ motion to strike the case from the calendar, defendants appeal.
1Opinion of the CourtParker, J.
This action being regularly reached on a call of the calendar in circuit court, the defendants moved that it be stricken therefrom, on the ground that the issue represented on the calendar had been superseded by a new issue, created by the service of an amended complaint and answer. Such was the fact, and a new note of issue and a new notice of trial were necessary to bring on for trial the issue presented by the amended pleadings.' Ostrander v. Conkey, 20 Hun, 421. But the point was made on the motion, and is renewed here, that the usual practice had been waived, by stipulating that the date…
2Cited by6 opinions
- Leonard v. FaberAppellate Division of the Supreme Court of the State of New York · 1898
- Keilty v. TraynorNew York Supreme Court · 1898
- Wood v. McGuireCity of New York Municipal Court · 1898
- Ziegler v. TrenkmanNew York Supreme Court · 1899
- Ullman v. TannerAppellate Division of the Supreme Court of the State of New York · 1908
1 more not listed; retrieve them via the Exa API.