Legal Opinion

Prager v. Beardsley

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1909PublishedCited by 9 opinions

Appeal by the defendant, Hnlbert T. E. Beardsley, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of May, 1909, granting the plaintiff’s motion to vacate a judgment and for a new trial.

1Opinion of the Court

McLaughlin, J.:

Action to recover damages for an alleged slander. The complaint was dismissed at the trial on the plaintiff’s failure to appear. Plaintiff failed to appear on the day fixed for trial because he was informed, according to his affidavit, by his counsel that it would not be necessary for him to do so and that an adjournment would be had owing to the sickness of counsel.

The case appeared on the call calendar March nineteenth and was set for trial on the twenty-sixth of that month. The day when the case i first appeared on the day calendar, April eighth, and was called, the…

2Cited by9 opinions

  1. Heiliger v. RitterAppellate Terms of the Supreme Court of New York · 1912
  2. Kane v. StallmanSupreme Court of Minnesota · 1941
  3. Schlimmer v. New York, Ontario & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1925
  4. Utica Gas & Electric Co. v. ShermanAppellate Division of the Supreme Court of the State of New York · 1925
  5. Kane v. StallmanSupreme Court of Minnesota · 1941

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