Church v. Stevens

Appellate Terms of the Supreme Court of New York

Church v. Stevens

110 N.Y.S. 209

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1908

StatusPublished

This text of 110 N.Y.S. 209 (Church v. Stevens) 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

Church v. Stevens, 110 N.Y.S. 209 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

The plaintiff was entitled to the order setting aside the alleged default as a matter of absolute right. The imposition of $30 costs as a condition of granting the relief asked for was improper, as plaintiff was under no obligation to watch the calendar of [210]*210Trial Term, Part 1, when the case had been restored to Trial Term, Part 4, where short causes are tried.

So much of the order as is appealed from is reversed, with $10 costs and disbursements to appellant.

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PER CURIAM.

The plaintiff was entitled to the order setting aside the alleged default as a matter of absolute right. The imposition of $30 costs as a condition of granting the relief asked for was improper, as plaintiff was under no obligation to watch the calendar of [210]*210Trial Term, Part 1, when the case had been restored to Trial Term, Part 4, where short causes are tried.

So much of the order as is appealed from is reversed, with $10 costs and disbursements to appellant.

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Bluebook (online)

110 N.Y.S. 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-v-stevens-nyappterm-1908.