City National Bank of Dallas v. National Park Bank
This text of 62 How. Pr. 495 (City National Bank of Dallas v. National Park Bank) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— 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.
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62 How. Pr. 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-national-bank-of-dallas-v-national-park-bank-nysupct-1882.