Seymour v. Lake Shore & Michigan Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Lake Shore and Michigan Southern Railway Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 17th day of June, 1896, denying the defendant’s motion to dismiss the complaint in the action.
1Opinion of the CourtBarrett, J.
The defendant made out a prima fade case of unreasonable neglect to prosecute. The action remained at issue for nearly six years without any step having been taken by the plaintiff to bring it to trial. Unreasonable neglect having thus been shown, the burden of excusing the neglect was thrown upon the plaintiff. Under rule 36 of the General Rules of Practice, the defendant was authorized to move for a dismissal at any time after younger issues had been tried in their regular order. The rule thus in substance provides that unreasonable neglect within section 822 of the Code of Civil Procedure…
2Cited by21 opinions
- Mladinich v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1906
- Fisher Malting Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1904
- Lambert v. BrownNorth Dakota Supreme Court · 1911
- Zafarano v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
- Tuttle v. Dubuque Fire & Marine Insurance of DubuqueAppellate Division of the Supreme Court of the State of New York · 1913
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