Barry v. Winkle
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from an order made by the General Term of the City Court of the city of New York, affirming an order made at Trial Term imposing forty-five dollars costs on said plaintiffs.
1Opinion of the CourtMcAdam, J.
The plaintiffs moved to put the action upon the calendar of short causes, which, under the rule adopted by the City Court, must be tried within one hour. The defendant consented to the application and an order was thereupon made directing an early trial.
The trial was not concluded within the hour, and the cause was thereupon ordered to the foot of the general calendar and the plaintiffs were directed to pay to the defendant the sum of forty-five dollars as costs for attempting to try the cause in one hour and not succeeding, or as a penalty or punishment for their failure. The plaintiffs…
2Cases cited4 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Gilroy v. BadgerAppellate Terms of the Supreme Court of New York · 1899
- Levene v. HahnerAppellate Division of the Supreme Court of the State of New York · 1901
- In re BrasierNew York Court of Common Pleas · 1885
3Cited by3 opinions
- Blum v. O'ConnorAppellate Terms of the Supreme Court of New York · 1903
- Brodie v. O'DonnellNew York Supreme Court · 1911
- McCormick v. SheaAppellate Terms of the Supreme Court of New York · 1904