Grindal v. De Lano
City of New York Municipal Court
Appeal from trial term. Action by Herbert W. Grindal against George W. De Lano. From so much of an order opening an inquest as imposes $30 costs, and directs that the judgment in plaintiff’s favor stand as security, as a condition of granting the same, defendant appeals.
1Opinion of the CourtVan Wyck, J.
The original answer was duly served on June 22, 1891, and on the next day an order was obtained.advancing the cause to the short-cause calendar for the 25th, and requiring defendant to accept short notice of trial for that day. The notice of trial was served on defendant on the 23d, the day of obtaining the order, noticing the case for trial for the 25th; and on the 24th, the day after service of such notice, the same was returned by defendant, who stated, as his reason for such return, that it was not served in accordance witli the fifth subdivision of section 31151 of the Code, which…
2Cases cited3 opinions
- Washburn v. HerrickNew York Supreme Court · 1849
- Plumb v. Whipples & GatesNew York Supreme Court · 1851
- Hunnewell v. ShafferCity of New York Municipal Court · 1890
3Cited by1 opinion
- Miller v. MestanizAppellate Terms of the Supreme Court of New York · 1903