McBride v. Langan

New York Circuit Court

McBride v. Langan

11 N.Y.S. 626

CourtNew York Circuit Court

DecidedMay 15, 1890

StatusPublished

Cited by1 cases

This text of 11 N.Y.S. 626 (McBride v. Langan) is published on Counsel Stack Legal Research, covering New York Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McBride v. Langan, 11 N.Y.S. 626 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Ingraham, J.

By the service of the amended complaint in this action, and the answer to that amended complaint, a new issue was raised which must be noticed for trial. Undoubtedly the court had the power as a condition for granting the amendment to require that the former notice of trial should stand, but no such order was made. I think, therefore, the plaintiff must notice the case regularly for trial before it can be set down for trial.

Application denied.

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Ingraham, J.

By the service of the amended complaint in this action, and the answer to that amended complaint, a new issue was raised which must be noticed for trial. Undoubtedly the court had the power as a condition for granting the amendment to require that the former notice of trial should stand, but no such order was made. I think, therefore, the plaintiff must notice the case regularly for trial before it can be set down for trial.

Application denied.

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Bluebook (online)

11 N.Y.S. 626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-langan-nycirct-1890.

Opinion

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