Bucklin v. Lawlor

Appellate Terms of the Supreme Court of New York

Bucklin v. Lawlor

36 Misc. 811, 74 N.Y.S. 1122

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1901

StatusPublished

This text of 36 Misc. 811 (Bucklin v. Lawlor) 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

Bucklin v. Lawlor, 36 Misc. 811, 74 N.Y.S. 1122 (N.Y. Ct. App. 1901).

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Opinions

MacLean, J.

The refusal by the learned justice at Special Term and the affirmance of his order by the General Term were within the discretionary control by the City Court of its own calendar in the due administration of justice, which well might be furthered by having all the facts in issue between the same parties in the cause in the Supreme Court, determined before restoring the cause for trial. Moreover the determination appealed from was according to the liberal interpretation of the stipulation under which the cause was marked “ reserved generally.”

Order appealed from affirmed, with costs.

McAdam, P. J., concurs.

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MacLean, J.

The refusal by the learned justice at Special Term and the affirmance of his order by the General Term were within the discretionary control by the City Court of its own calendar in the due administration of justice, which well might be furthered by having all the facts in issue between the same parties in the cause in the Supreme Court, determined before restoring the cause for trial. Moreover the determination appealed from was according to the liberal interpretation of the stipulation under which the cause was marked “ reserved generally.”

Order appealed from affirmed, with costs.

McAdam, P. J., concurs.

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Bluebook (online)

36 Misc. 811, 74 N.Y.S. 1122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bucklin-v-lawlor-nyappterm-1901.