In re Rubenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Isidor E. Eubenstein and another, from an order of the Supreme Court, .made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 12th day of May, 1908, denying the petitioners’ motion for a peremptory writ of mandamus.
1Opinion of the Court
Laughlin, J.:
The respondent is a judge of the City‘Court of the city of Mew York. The object of the application is to compel him to enter an order on his decision denying an application made by petitioners as plaintiffs in an action then pending in said court for an adjournment of the trial. The petitioners desire that an order may be entered so that they may appeal therefrom and review, in accordance with the recent ruling in Warth v. Moore Blind Stitcher & Overseamer Co. (125 App. Div. 211), the action of the court in denying their motion.
There may be, and doubtless are, cases in which the…
2Cases cited1 opinion
- Warth v. Moore Blind Stitcher & Overseamer Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Mott v. MottAppellate Division of the Supreme Court of the State of New York · 1909
- Loper v. Wading River Realty Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Harde v. PurdyAppellate Terms of the Supreme Court of New York · 1909