Ramsey v. Gould

The order appealed from was an order setting aside an order denying a motion to postpone the trial, and ordering a dismissal of the complaint for the reason that the plaintiff’s counsel declined to proceed with the trial, and designating a day on which the extra allowance was to be fixed by the court, with a proviso that the judgment of dismissal should not be entered if the plaintiff appeared on that day selected to proceed to trial.

Oil the entry of this order the plaintiff moved on a notice of motion at chambers to vacate and set aside the order granted at Special Term dismissing the…