New York Circuit Court, 1890

McBride v. Langan

New York Circuit Court · Decided May 15, 1890 · Ingraham

11 N.Y.S. 626 (New York Supplement)

Counsel

Francis W. Judge, Jr., for plaintiffs. J. Woolsey Shepperd, for defendants.

Opinion of the Court

Ingraham, J.

By the service of the amended complaint in this action, and the answer to that amended complaint, a new issue was raised which must be noticed for trial. Undoubtedly the court had the power as a condition for granting the amendment to require that the former notice of trial should stand, but no such order was made. I think, therefore, the plaintiff must notice the case regularly for trial before it can be set down for trial.

Application denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.