City National Bank of Dallas v. National Park Bank

62 How. Pr. 495

Opinion

Lawrence, J.

— The plaintiffs having served a notice of trial before making this motion have, I think, waived their right to move to have the cause preferred.

The right to a preference depends upon facts which do not appear upon the pleadings, &e., and the Code is express that , in such a case a copy of the order granting the preference must be served with or before the notice of trial or argument {Code, see. 793).

Motion denied, with ten dollars costs to abide the event.