Bagley v. Ostrom
New York Supreme Court
The cause was noticed for trial at the circuit, arid on Thursday of the first week the defendant moved to put off the trial until Saturday, on account of the absence of a witness who had been duly subpoenaed! The riiotion was granted by -the judge, on payment of the costs of the day. On Saturday the defendant was present and ready for trial; but the circuit judge am nounced that in consequence of ill health -he should try nó more causes at that circuit.
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The cause was noticed for trial at the circuit, arid on Thursday of the first week the defendant moved to put off the trial until Saturday, on account of the absence of a witness who had been duly subpoenaed! The riiotion was granted by -the judge, on payment of the costs of the day. On Saturday the defendant was present and ready for trial; but the circuit judge am nounced that in consequence of ill health -he should try nó more causes at that circuit. The judge thereupon, on' motion, of the plaintiff, made an order that the defendant pay the costs of the circuit, which were subsequently…
1Opinion of the Court
By the Court, Bronson, J.
When the defendant asks for time, whether for the day or the whole circuit, if sufficient cause is shown, the usual course is to put off the trial on payment of costs ; and if the defendant neglects to comply with the condition, the plaintiff is allowed to proceed with the trial. If the cause is put off for the circuit on payment of costs, and in consequence of the order the cause goes over and the costs are not paid, this court will malte the proper order for enforcing payment. (Kirby v. Sisson, 1 Wend. 83.) It has not been the practice for the circuit judge to make…
2Cases cited2 opinions
- Kirby v. SissonNew York Supreme Court · 1828
- Mix v. BrisbanNew York Supreme Court · 1829