Reynolds v. Davis
The Superior Court of New York City
Motion that cause be set down for trial. This action was put at issue some years before the Code took effect. It having been tried, and a new trial ordered, the defendants noticed it for trial for the present October Term of this eourt, and placed it on the calendar. When it was reached, and called in its place on the calendar, the plaintiffs objected, that the defendants had no right to notice it, it having been put at issue before the Code.
Read the full summary
Motion that cause be set down for trial. This action was put at issue some years before the Code took effect. It having been tried, and a new trial ordered, the defendants noticed it for trial for the present October Term of this eourt, and placed it on the calendar. When it was reached, and called in its place on the calendar, the plaintiffs objected, that the defendants had no right to notice it, it having been put at issue before the Code. They insisted that the only remedy of the defendants, in case the plaintiffs have neglected to bring the action to trial according to the course and…
1Opinion of the CourtBoswokth, J.
The determination of the question presented, depends upon the construction that is to be given to §459 of the Code. So much of it as needs to be considered, is in these words:
“ § 459. The provisions of this act apply to future proceedings in actions or suits heretofore commenced, and now pénd-iner. as follows:
*1641. If there have been no pleading therein, to the pleadings and all subsequent proceedings.
2. When there is an issue of law or of fact, or any other question of fact to be tried, to the trial and all subsequent proceedings.”
It is conceded, that if the action had been commenced before the…
2Cited by2 opinions
- Emmert v. Old National Bank of MartinsburgWest Virginia Supreme Court · 1978
- De Comeau v. PeopleThe Superior Court of New York City · 1868