From Casetext: Smarter Legal Research

Hickman v. Schimper Co.

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1907
121 App. Div. 257 (N.Y. App. Div. 1907)

Opinion

July 23, 1907.

Louis Cohn [ Frank V. Johnson with him on the brief], for the appellant.

James C. Cropsey, for the respondent.


The calendar judge entertained and granted a motion of the plaintiff to prefer this cause, and set it down for trial on a day certain. This was done because of the extreme age of the plaintiff, and the likelihood that he might not live until the cause should be reached in its regular order for trial. The appeal from the order of the calendar judge is based on an erroneous notion of the authority of trial judges. We do not in this judicial department interfere with trial judges in respect of their calendar rules and practice. The section of the Code relative to preferences must be availed of by a party wanting a preference as of right; but that is not this case.

The order should be affirmed.

HIRSCHBERG, P.J., HOOKER, RICH and MILLER, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements.


Summaries of

Hickman v. Schimper Co.

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1907
121 App. Div. 257 (N.Y. App. Div. 1907)
Case details for

Hickman v. Schimper Co.

Case Details

Full title:CHARLES H. HICKMAN, Respondent, v . WILLIAM SCHIMPER COMPANY, Appellant

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

Date published: Jul 23, 1907

Citations

121 App. Div. 257 (N.Y. App. Div. 1907)