Ward v. Dewey
New York Supreme Court
Motion to set aside order dismissing complaint, &c. The summons and complaint were served on the defendants, Dewey and wife, on the 2d of September, 1854, and on the defendant, Eleanor Ward, on the 9th day of the same month. On the 7th of September, the attorney for the defendant, Elias Dewey, served upon the plaintiffs’ attorney an answer and a notice of trial for the Schoharie circuit, to be held on the third Monday of the same month.
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Motion to set aside order dismissing complaint, &c. The summons and complaint were served on the defendants, Dewey and wife, on the 2d of September, 1854, and on the defendant, Eleanor Ward, on the 9th day of the same month. On the 7th of September, the attorney for the defendant, Elias Dewey, served upon the plaintiffs’ attorney an answer and a notice of trial for the Schoharie circuit, to be held on the third Monday of the same month. On the 19th of September, the cause having been reached upon the calendar, the counsel for the defendant, Dewey, moved for, and obtained an order dismissing…
1Opinion of the Court
Harris, Justice.
The notice of trial by the defendant, Dewey, was premature, and the order dismissing the complaint as to him was irregular. The cause was not ready for trial. The time for Mrs. Ward to answer had not yet expired. Indeed, twenty days had not yet elapsed since the service of the summons and complaint on the defendant, Dewey. If the plaintiffsj when the cause was reached upon the calendar, had appeared and offered to try it, they would not have been permitted to do so. If the cause had been noticed for trial by the plaintiffs, they could not have brought it to trial, for the…
2Cases cited1 opinion
- Veazie v. WilliamsSupreme Court of the United States · 1850
3Cited by3 opinions
- Havemeyer v. Brooklyn Sugar Refining Co.New York Supreme Court · 1890
- Culver v. HollisterNew York Supreme Court · 1864
- Morris v. CrawfordNew York Supreme Court · 1863