Higgins v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 31, 1892, which affirmed an order at Special Term substituting plaintiff Eugene Higgins as plaintiff, and directing the continuance of the action by him. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 31, 1892, which affirmed an order at Special Term substituting plaintiff Eugene Higgins as plaintiff, and directing the continuance of the action by him. The nature of the action and the facts, so far as material, are stated in the opinion. The right of substitution and continuance of the action is not so absolute as to preclude the court, in the exercise of a legal discretion, from denying the application, and where there has been unreasonable delay or delay which is injurious to the…
1Per curiam
The plaintiff brought this action to compel the determination of a claim to certain real property in Hew York city, upon which he had constructed certain manufacturing works, and the trial resulted in a verdict of a jury for the defendants. On plaintiff’s motion the judgment entered for the defendants was vacated, pursuant to certain provisions of the Code of Civil Procedure, and a new trial was ordered; the plaintiff paying all the costs in the judgment. Thereafter, and before the action was brought to trial, he died and the defendants then applied for and obtained an order substistuting…
2Cases cited1 opinion
- Coit v. . Campbell, Etc.New York Court of Appeals · 1880
3Cited by3 opinions
- Brandenstein v. KaweckiAppellate Division of the Supreme Court of the State of New York · 1925
- Hallett v. HallettNew York Court of Common Pleas · 1894
- Strauss v. Merchants Loan & Trust Co.Appellate Court of Illinois · 1905