Rottenberg v. Louis Stajer

The appellants seek to set aside inquests taken by respondent at the Trial Term, and these appeals come before us, from an order made at the Special Term denying the application for such relief.

We find that no abuse of that discretion, which is lodged in the court at Special Term, was made in this case. The decision to vacate an inquest is entirely a discretionary one, and without a clear abuse, will not be disturbed by the General Term. 2 Rumsey’s Pr. 228; Leighton v. Wood, 17 Abb. Pr. 177. Upon the trial no legal or reasonable excuse for postponement was advanced, and the justice there…