Pistell v. Wood

It is not claimed that this case is not one entitled to a preference under the provisions of rule VIII of the Rules of the Supreme Court, Eighth Judicial District, for Erie County. Appellant’s only complaint relates to the time and manner of claiming the preference. The cause was placed upon the general calendar by the attorneys for defendant about June 2, 1930, no claim being made for a preference until a notice of motion, dated March 16, 1931, was served by defendant’s attorneys, returnable before Part IV (the Calendar Part) on March 23, 1931. Thus it is seen that the case was on the…