Morgan v. Whalen

Appellate Terms of the Supreme Court of New York

Morgan v. Whalen

113 N.Y.S. 609

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 16, 1908

StatusPublished

This text of 113 N.Y.S. 609 (Morgan v. Whalen) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

113 N.Y.S. 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-whalen-nyappterm-1908.