Anderson v. Thorps

Appellate Terms of the Supreme Court of New York

Anderson v. Thorps

113 N.Y.S. 730

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 16, 1908

StatusPublished

This text of 113 N.Y.S. 730 (Anderson v. Thorps) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anderson v. Thorps, 113 N.Y.S. 730 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

This action came on for trial on June 22, 1908, and after a partial trial was adjourned until June 26, 1908. Upon that day the plaintiff failed to appear, and the defendant was sworn in [731]*731her own behalf, and after hearing her testimony, on motion of the defendant’s counsel, the case was dismissed and a judgment entered against the plaintiff for costs, from which judgment this appeal comes up.

Upon the failure of the plaintiff to appear upon the adjourned day the court should have dismissed the action. Section 248, subd. 2, Municipal Court Act (Laws 1902, p. 1561, c. 580). Permitting the defendant to introduce the testimony of the defendant did not avail either party. The judgment, however, being one taken upon the default of the plaintiff, no appeal will lie therefrom.

Appeal dismissed, with $10 costs.

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PER CURIAM.

This action came on for trial on June 22, 1908, and after a partial trial was adjourned until June 26, 1908. Upon that day the plaintiff failed to appear, and the defendant was sworn in [731]*731her own behalf, and after hearing her testimony, on motion of the defendant’s counsel, the case was dismissed and a judgment entered against the plaintiff for costs, from which judgment this appeal comes up.

Upon the failure of the plaintiff to appear upon the adjourned day the court should have dismissed the action. Section 248, subd. 2, Municipal Court Act (Laws 1902, p. 1561, c. 580). Permitting the defendant to introduce the testimony of the defendant did not avail either party. The judgment, however, being one taken upon the default of the plaintiff, no appeal will lie therefrom.

Appeal dismissed, with $10 costs.

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Bluebook (online)

113 N.Y.S. 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-thorps-nyappterm-1908.