Myers v. Metropolitan Elevated Railway Co.
New York Court of Common Pleas
Appeal from special term. Action by Edward Myers against the Metropolitan Elevated Railway Company and the Manhattan Railway Company.
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Appeal from special term. Action by Edward Myers against the Metropolitan Elevated Railway Company and the Manhattan Railway Company. An order in the action granting leave to plaintiff to serve a supplemental complaint provided “that the defendants have twenty days’ time within which to serve an answer thereto;” and “ that no new notice of trial need be served, and that the action as continued shall retain its present date of issue, its present number on the general calendar, and its present position on the day calendar.” From this order defendants appeal. Code Civil Proc. K. Y. § 544,…
1Opinion of the CourtBookstaver, J.
The motion for leave to serve the supplemental complaint was granted on notice to the defendants, and the order recites that no objection was made to the motion. The appeal is taken from so mncli of the order as required the defendants’ pleading to the supplemental.complaint to be an answer, and from the provisions in the order that no new notice of trial should be served, that the action as continued should retain its original date of issue, its old number on the calendar, and its position on the day calendar. The first ground of appeal we do not think is well taken. There is no provision in…
2Cases cited5 opinions
- Washburn v. HerrickNew York Supreme Court · 1849
- Black v. Continental National BankNew York Supreme Court · 1877
- Cusson v. WhalonNew York Supreme Court · 1851
- Burroughs v. FosteranNew York City Court · 1877
- McBride v. LanganNew York Circuit Court · 1890
3Cited by1 opinion
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907