Roberts v. Schaf
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, Minnie M. Schaf, from, an order of 'the Supreme Court, made at the Kings County Special Term and -entered in the office of the clerk of the county'of Kings on the 31st, -day of October, 1902, directing that the service of a notice of trial upon the said defendant be deemed sufficient.
1Opinion of the Court
Jenks, J.:
The plaintiffs procured an attachment upon the property of the -defendant, which the court subsequently vacated. The order of vacation, which awarded ten dollars costs to the defendant, was ‘-served on the plaintiffs on October seventeenth. On October twenty-seventh, fourteen days before a Trial Term, the plaintiffs noticed *434the case for trial thereat. The, defendant forthwith returned the notice on the ground specified thereon, that the plaintiffs were stayed because they had not paid the said motion costs. On October twenty-eighth, only thirteen days before the said Trial Term,…
2Cases cited1 opinion
- Leland v. SmithNew York Court of Common Pleas · 1870
3Cited by2 opinions
- Zimmerman v. RahmeyerAppellate Division of the Supreme Court of the State of New York · 1930
- Roman v. CaputoAppellate Division of the Supreme Court of the State of New York · 1951