Legal Opinion

Frederick v. Oliver

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

Decided December 30, 1912PublishedCited by 1 opinion

Appeal by the plaintiff, Charles F. Frederick, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 17th day of May, 1912, denying the plaintiff’s motion to restore the case to the general calendar for trial.

1Opinion of the Court

Kellogg, J.:

The case was duly placed upon the general calendar of the court in Albany county, and noticed for trial at the September, 1908, term, and on May 8, 1912, the court made an order reciting that pursuant to an order to show cause under rule 16, no cause having been shown, the case was stricken from the calendar and the attorneys were informed that it would not be restored by the clerk except on the order of the court. Bule 16, printed in the calendars of the Albany Trial Terms, provides, in substance, that the court may make an order at the opening of the term directing the clerk to…

2Cited by1 opinion

  1. Pomerantz v. CaveAppellate Division of the Supreme Court of the State of New York · 1960

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