Schwartz v. Wolfrath

These are appeals from orders denying plaintiffs’ motions for a preference of the trial of the causes, which motions were based upon the fact that in each of the cases an administratrix is the sole defendant.

The court below denied the motions, upon the ground that the preference provided by subdivision 5 of section 791 of the Code is personal to the administratrix and is not to be properly accorded in the face of her opposition.

An examination of the entire section convinces us to the contrary.

Its first subdivision provides for a preference of an action brought by or against the People of the…