Silliman v. Clark
New York Supreme Court
Motion by defendants for judgment as in case of nonsuit, or to set aside an order of reference. Issue was joined in this cause in September last. Plaintiffs’ attorney served notice of trial on defendants’ attorney by mail on the 11th of March last, for a circuit in Eensselaér county, to be held on the 4th Monday of April thereafter; the venue was laid in Eensselaer county.
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Motion by defendants for judgment as in case of nonsuit, or to set aside an order of reference. Issue was joined in this cause in September last. Plaintiffs’ attorney served notice of trial on defendants’ attorney by mail on the 11th of March last, for a circuit in Eensselaér county, to be held on the 4th Monday of April thereafter; the venue was laid in Eensselaer county. Plaintiffs’ notice of trial was a printed blank, filled up by inserting 4th---day of April, instead of making it 4th Monday of April. Defendant’s counsel did not appear at the circuit in April; after the cause was called in…
1Opinion of the Court
Defendants’ counsel insisted that the defendants’ attorney had not been served with notice of trial for the April circuit, and that he had never been served with any notice of application for a reference in the cause; it was referred without his knowledge or consent. •
Jewett, Justice.
Held, that the cause was properly referred, and the notice of trial served on defendants’ attorney, being retained by him, *was sufficient to inform him that the cause would be brought to trial at the April circuit, and at all' events if defendants’ attorney considered it irregular, it was his duty to have…
2Cited by1 opinion
- Meislahn v. HankenNew York Court of Common Pleas · 1892