Robinson v. Klein

New York Court of Common Pleas

Robinson v. Klein

30 N.Y.S. 262, 31 Abb. N. Cas. 481, 62 N.Y. St. Rep. 73

DecidedMay 15, 1894

StatusPublished

This text of 30 N.Y.S. 262 (Robinson v. Klein) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robinson v. Klein, 30 N.Y.S. 262, 31 Abb. N. Cas. 481, 62 N.Y. St. Rep. 73 (N.Y. Super. Ct. 1894).

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Opinion

GIEGEBICH, J.

The plaintiff having failed to pay the motion costs, Ms proceedings were stayed until payment' thereof, the stay extending to the service of a reply to the counterclaim pleaded by the defendants. Lyons v. Murat, 4 Abb. N. C. 13, 54 How. Pr. 23. The defendants did not waive the stay by serving an answer to the [263]*263amended complaint, which was served before the stay began to operate. Code Civ. Proc. § 779; Marks v. King, 66 How. Pr. 463. Motion granted, with $10 costs, unless within 10 days after entry of the order the plaintiff pay the costs of the former motion and $10 costs of this motion, making in the aggregate $20 costs, and serve his reply herein, leave to serve the same being granted upon payment of $20 costs within the time above specified.

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GIEGEBICH, J.

The plaintiff having failed to pay the motion costs, Ms proceedings were stayed until payment' thereof, the stay extending to the service of a reply to the counterclaim pleaded by the defendants. Lyons v. Murat, 4 Abb. N. C. 13, 54 How. Pr. 23. The defendants did not waive the stay by serving an answer to the [263]*263amended complaint, which was served before the stay began to operate. Code Civ. Proc. § 779; Marks v. King, 66 How. Pr. 463. Motion granted, with $10 costs, unless within 10 days after entry of the order the plaintiff pay the costs of the former motion and $10 costs of this motion, making in the aggregate $20 costs, and serve his reply herein, leave to serve the same being granted upon payment of $20 costs within the time above specified.

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Bluebook (online)

30 N.Y.S. 262, 31 Abb. N. Cas. 481, 62 N.Y. St. Rep. 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-klein-nyctcompl-1894.

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