Roberts v. Jenkins

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1900

Appellate Division of the Supreme Court of the State of New York · decided 1900-06-15

Appeal by the plaintiff, Annie A. Roberts, as administratrix, etc., of David H. Roberts, deceased, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 3d day of April, 1900, denying her motion to advance the cause and place the same upon the preferred cause calendar.

Decided 1900-06-15

Per Curiam :

¶1The order denying a motion for a preference of this cause upon the calendar must be affirmed. The pleadings in the action are not in the record, nor is there anything from which we are able to determine that the plaintiff is entitled to the statutory preference claimed. That right cannot be inferred simply from the title of an action.

¶2The order must be affirmed, with ten dollars costs and disbursements.

¶3. Present—Van Brunt, P. J., Rumsey, Patterson, Ingraham and McLaughlin, JJ.

¶4Order affirmed, with ten dollars costs and disbursements.