Jacob v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Emma L. Jacob against J. Campbell Thompson. From an order directing issues raised by equitable counterclaim and reply to be tried at Special Term, defendant appeals. Reversed.
1Per curiam
We think that the plaintiff’s motion to place the cause on the Special Term calendar should have been denied upon the ground of loches. The action was noticed by both parties for Trial Term, and it has there been once tried, and now, after two years of delay, the effort is made to have it taken from the Trial Term calendar and sent to the Special Term. Upon the authority of the following cases, we think that the plaintiff, by loches, has waived his right to have the issues raised by the answer sent to the Special Term: Tubbs v. Embree, 89 Hun, 475, 35 N. Y. Supp. 320; Mackellar v. Rogers, 109…
2Cases cited3 opinions
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Boyd v. BoydNew York Court of Common Pleas · 1895
- Tubbs v. EmbreeNew York Supreme Court · 1895