Duke v. Caluwaert
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Special Term of the City Court remanding this action to the Municipal Court, eleventh district.
1Opinion of the CourtFreedman, P. J.
The summons, with a copy of the complaint, was personally served on the defendants. On the return day, viz., July 23, 1902, the defendants appeared by attorney and, without being then required to plead, procured an adjournment to July 28, 1902, for the purpose of joining issue and removing the cause. On such adjourned day issue was joined and the cause removed to the City Court. The removal was made by order duly entered and in it the justice who granted the same recited, among other things, that the action is one specified in subdivision T of section 1364 of chapter 466 of the Laws of 1901,…
2Cases cited5 opinions
- Matter of BinghamNew York Court of Appeals · 1891
- Dinkel v. WehleNew York Court of Common Pleas · 1881
- Ives v. QuinnNew York Court of Common Pleas · 1894
- Enright v. Franklin Publishing Co.Appellate Terms of the Supreme Court of New York · 1898
- Vogel v. BanksAppellate Division of the Supreme Court of the State of New York · 1901