Neugrosche v. Manhattan Railway Co.

City of New York Municipal Court

Neugrosche v. Manhattan Railway Co.

1 N.Y. St. Rep. 302

DecidedJune 15, 1886

StatusPublished

This text of 1 N.Y. St. Rep. 302 (Neugrosche v. Manhattan Railway Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neugrosche v. Manhattan Railway Co., 1 N.Y. St. Rep. 302 (N.Y. Super. Ct. 1886).

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Opinion

Hyatt, J.

The order in forma pauperis not having been served, should have been presented to the clerk in opposition to the taxation of defendant’s costs. Not having been ' called to the attention of the defendant’s attorney in any form, their practice in entering judgment was not irregular. The proof is that this case was twice called on the calendar when it was reached, and no appearance having been made by the plaintiff the defendant handed up the notice of trial and had the complaint dismissed.

The default will be opened as a matter of favor, however, on payment, within five days, of twelve dollars costs to the defendant’s attorney. 1 Oiv. Pro. Rep., 131.

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Hyatt, J.

The order in forma pauperis not having been served, should have been presented to the clerk in opposition to the taxation of defendant’s costs. Not having been ' called to the attention of the defendant’s attorney in any form, their practice in entering judgment was not irregular. The proof is that this case was twice called on the calendar when it was reached, and no appearance having been made by the plaintiff the defendant handed up the notice of trial and had the complaint dismissed.

The default will be opened as a matter of favor, however, on payment, within five days, of twelve dollars costs to the defendant’s attorney. 1 Oiv. Pro. Rep., 131.

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Bluebook (online)

1 N.Y. St. Rep. 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neugrosche-v-manhattan-railway-co-nynyccityct-1886.