Hyperlawhypertext legal database Crowell v. Crowell 70 N.Y. St. Rep. 900

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Crowell v. Crowell

70 N.Y. St. Rep. 900 Court N.Y. Sup. Ct. Decision date 1895-12-02 English

Delivered by Pratt, J.

Contents

Majority

p. 900
Charles B. Crowell, Resp’t, v. Lidie S. Crowell, App’lt.
Sup. Ct., 2 D.
December 2, 1895.

Headnote

Appeal from an order placing the cause on'the circuit court calendar for the month of June, 1895, to be heard in Queens county.
B. G. Galvin, for app’lt; McKoon & Luclcey, for resp’t.

The stipulation obviously contemplated a speed trial, which had however, been evaded, and defendant showed no eagerness to bring it on.

p. 901
Under the circumstances, the plaintiff had a right to regard the stipulation as abandoned, and move the trial. The proper county was Queens, and when defendant objected to Kings county, the special term judge properly ordered it to bo tried there. Order affirmed, with $10 costs and disbursements.