Hickman v. William Schimper & Co.

Appellate Division of the Supreme Court of New York

Hickman v. William Schimper & Co.

121 A.D. 257, 105 N.Y.S. 636, 1907 N.Y. App. Div. LEXIS 1749

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

DecidedJuly 23, 1907

StatusPublished

This text of 121 A.D. 257 (Hickman v. William Schimper & Co.) 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

Hickman v. William Schimper & Co., 121 A.D. 257, 105 N.Y.S. 636, 1907 N.Y. App. Div. LEXIS 1749 (N.Y. Ct. App. 1907).

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Opinion

Gaynor, J.:

The calendar judge entertained and granted a motion of the -plaintiff to prefer this cause, and set it .down for "trial on a day certain. This was done because .of the .extreme age of the plaintiff, and the likelihood that he might not live until the cause should be reached in its regular order for trial. The appeal from the order of the calendar judge is based on an erroneous notion of the ■authority of trial judges. We do not in this judicial department interfere with trial judges in respect of their' calendar rules and practice. The section of the.Code relative to preferences must be availed of by a party wanting a preference as of right; but that is not this case.

The order should be affirmed.

Hirschberg, P. J., Hooker, Rich and Miller, JJ., concurred.

Order affirmed/ with ten dollars costs and disbursements.

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Gaynor, J.:

The calendar judge entertained and granted a motion of the -plaintiff to prefer this cause, and set it .down for "trial on a day certain. This was done because .of the .extreme age of the plaintiff, and the likelihood that he might not live until the cause should be reached in its regular order for trial. The appeal from the order of the calendar judge is based on an erroneous notion of the ■authority of trial judges. We do not in this judicial department interfere with trial judges in respect of their' calendar rules and practice. The section of the.Code relative to preferences must be availed of by a party wanting a preference as of right; but that is not this case.

The order should be affirmed.

Hirschberg, P. J., Hooker, Rich and Miller, JJ., concurred.

Order affirmed/ with ten dollars costs and disbursements.

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Bluebook (online)

121 A.D. 257, 105 N.Y.S. 636, 1907 N.Y. App. Div. LEXIS 1749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hickman-v-william-schimper-co-nyappdiv-1907.