Legal Opinion

Gross v. Gorsch

Appellate Terms of the Supreme Court of New York

Decided December 15, 1907Published

Appeal by the plaintiff from a judgment in favor of the defendant rendered in the Municipal Court of the city of Hew York, ninth district, borough of Manhattan.

1Opinion of the CourtGildersleeve, J.

After several adjournments had in this case the parties met for trial on October 15, 1907, and upon plaintiff’s request, the case was again adjourned until October 21, 1907, the court imposing the sum of ten dollars costs upon the plaintiff. Upon October 21, 1907, when the case was reached upon the call of the calendar, the defendant stated to the court, that the ten dollars costs, theretofore imposed, had not been paid. Thereupon the court dismissed the complaint for nonpayment of such costs and judgment was entered against the plaintiff, from which judgment he appeals. The dismissal of the…

2Cases cited2 opinions

  1. Farber v. FlaumanAppellate Terms of the Supreme Court of New York · 1900
  2. Eisenbud v. GellertAppellate Terms of the Supreme Court of New York · 1899

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