Giveen Mfg. Co. v. McNulty

Appellate Division of the Supreme Court of New York

Giveen Mfg. Co. v. McNulty

90 N.Y.S. 1098

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 25, 1904

StatusPublished

This text of 90 N.Y.S. 1098 (Giveen Mfg. Co. v. McNulty) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Giveen Mfg. Co. v. McNulty, 90 N.Y.S. 1098 (N.Y. Ct. App. 1904).

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Opinion

PATTERSON, J.

This cause was given a preference under the provisions of section 793 of the Code of Civil Procedure, as amended in 1904 (Laws 1904, p. 312, c. 173), and by the order it is directed that the cause be preferred and set down on the day calendar of Trial Term, part 10, of this court, for the 24th of October, 1904. We have held in the case of Riglander v. Star Company (decided herewith) 90 N. Y. Supp. 772, that the new provision of the act of 1904, which requires a cause to be set down for a particular day and then tried, is unconstitutional. Following that decision, the order granting the preference in this case, and which is now appealed from, must be reversed with $10 costs and disbursements, but with liberty to the moving party to apply for such preference as the court may give, irrespective of the provisions of section 793 of the Code of Civil Procedure, declared to be unconstitutional. All concur.

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PATTERSON, J.

This cause was given a preference under the provisions of section 793 of the Code of Civil Procedure, as amended in 1904 (Laws 1904, p. 312, c. 173), and by the order it is directed that the cause be preferred and set down on the day calendar of Trial Term, part 10, of this court, for the 24th of October, 1904. We have held in the case of Riglander v. Star Company (decided herewith) 90 N. Y. Supp. 772, that the new provision of the act of 1904, which requires a cause to be set down for a particular day and then tried, is unconstitutional. Following that decision, the order granting the preference in this case, and which is now appealed from, must be reversed with $10 costs and disbursements, but with liberty to the moving party to apply for such preference as the court may give, irrespective of the provisions of section 793 of the Code of Civil Procedure, declared to be unconstitutional. All concur.

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Bluebook (online)

90 N.Y.S. 1098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giveen-mfg-co-v-mcnulty-nyappdiv-1904.

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