Rider v. Britton — 106 N.Y.S. 1142

Majority

p. 1142

RIDER, Appellant, v. BRITTON, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

October 19, 1907.)

Headnote

Action by Clinton W. Rider against Margaret Britton.

Order affirmed, with $ 10-costs and disbursements. Held that, it appearing by statements in appellant’s brief that the cause was upon the calendar at the term at which the order was granted, the court in the exercise of its discretion had the right to make the order appealed from, independent of the provisions of rule 31 of the general rules of practice.

dissents, upon the authority of Ellensohn v. Keyes, 6 App. Div. 601 , 39 N. Y. Supp. 774 .