Slaven v. Germain
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Hannah Slaven against Edward B. Germain, impleaded, etc., for death of plaintiff’s husband. From a judgment for plaintiff entered on a verdict, and from an order denying defendant’s motion for a new trial on the minutes, also from an order of the special term denying defendant’s motion to set aside a stipulation entered as made at a former circuit as a condition of putting the cause over the term, defendant appeals.
1Opinion of the CourtDwight, P. J.
The action was to recover under the civil damage act for the loss sustained by the plaintiff in the death of her husband. The cause was pending, at issue, and on the calendar of the Monroe circuit held in March, 1890. Mr. J. A. Stull, the attorney of record for the defendant, being necessarily absent from the circuit, the defendant was represented by Mr. H. J. Thomas as counsel. The cause being reached and moved for trial by counsel for the plaintiff, Mr. Thomas moved to put it over the term, on the ground of Mr. Stull’s absence, and his (Thomas’) ill health and want of preparation to conduct…
2Cases cited1 opinion
- Hall v. GermainNew York Supreme Court · 1891
3Cited by2 opinions
- Illinois Steel Co. v. WarrasWisconsin Supreme Court · 1909
- Carpenter v. PirnerAppellate Terms of the Supreme Court of New York · 1907