Mangone v. Metropolitan Street Railway Co.

This case appeared on the calendar on October 8, 1897, and was, on defendant’s motion, adjourned to November 12, 1897. On October 18, 1897, plaintiff served a notice of trial on defendant’s attorney for the November term of 1897, which notice was accepted by said attorney for defendant, and has never been returned by him. On November 12, 1897, the case again appeared on the calendar, and defendant thereupon for the first time made this motion to strike it therefrom for the irregularity in serving the notice of trial for a term long subsequent to that for which the note of issue was filed. See…