Morgan v. Whalen

Appellate Terms of the Supreme Court of New York

Morgan v. Whalen

113 N.Y.S. 609

Appellate Terms of the Supreme Court of New York·Decided December 16, 1908·Published

Opinion

HENDRICK, J.

The facts recited in the .order must be taken as conclusive by this court. From those facts it appears that the case was on the day calendar a great many times prior to the date of inquest, and on several of such occasions it was answered “Ready” by both sides. The default was a negligent, if not an intentional one, and the discretion of the trial court was not abused.

Order affirmed, with $10 costs and disbursements. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

HENDRICK, J.

The facts recited in the .order must be taken as conclusive by this court. From those facts it appears that the case was on the day calendar a great many times prior to the date of inquest, and on several of such occasions it was answered “Ready” by both sides. The default was a negligent, if not an intentional one, and the discretion of the trial court was not abused.

Order affirmed, with $10 costs and disbursements. All concur.

Morgan v. Whalen, 113 N.Y.S. 609 (N.Y. Ct. App. 1908).

Pincite

113 N.Y.S. 609 (Morgan v. Whalen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.