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Brown v. Sullivan

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1916
175 App. Div. 964 (N.Y. App. Div. 1916)

Opinion

November, 1916.


Judgment of County Court and judgment of Justice's Court reversed, with costs. Held, that the trial of the cause in Justice's Court having been duly adjourned to February 21, 1913, the attempted further adjournment on the day preceding that to which it had been thus regularly adjourned, to March 8, 1913, was ineffective, and the justice having failed to appear upon the date to which the cause had been regularly adjourned, lost jurisdiction of the action. We do not pass upon the question as to whether or not this court or the County Court has power to fix a new date for the new trial. All concurred, except Kruse, P.J., and Lambert, J., who dissented.


Summaries of

Brown v. Sullivan

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 1, 1916
175 App. Div. 964 (N.Y. App. Div. 1916)
Case details for

Brown v. Sullivan

Case Details

Full title:GEORGE MURRAY BROWN and Another, as Executors, etc., Appellants, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 1, 1916

Citations

175 App. Div. 964 (N.Y. App. Div. 1916)