Cohen v. Interurban St. Ry. Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Reuben Cohen, by his guardian, etc., against the Interurban Street Railway Company. From an order of the New York City Court granting plaintiff’s motion to prefer the trial of the action and the same on the calendar for trial tober 3, 1904, defendant appeals.
1Per curiam
Plaintiff did not rely upon the fact of infancy alone to secure a preference under section 791, Code Civ. Proc., *480but other circumstances are specifically set forth in the moving papers upon which the discretion of the court might well have been exercised. Morse v. Press Publishing Co., 71 App. Div. 352, 75 N. Y. Supp. 976; Eising v. Young, 38 Misc. Rep. 12, 76 N. Y. Supp. 698.
It is further claimed that the order was made in violation of rule 3 of the City Court, but no objection upon this ground was taken in the court below, and it cannot be presented for the first time on appeal.
Order…
2Cases cited2 opinions
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Eising v. YoungNew York Supreme Court · 1902