Farnam v. Despard
New York Supreme Court
Motion to set aside inquest. In consequence of criminal causes being set down for trial, the attorney for the defendant did not attend in court. Those trials were unexpectedly postponed, and the calendar of civil causes called through from No, 18 to No. 96, without any cause being ready for trial. Several inquests were taken, and amongst the number, an inquest in this cause, which stood No. $5 on the calendar.
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Motion to set aside inquest. In consequence of criminal causes being set down for trial, the attorney for the defendant did not attend in court. Those trials were unexpectedly postponed, and the calendar of civil causes called through from No, 18 to No. 96, without any cause being ready for trial. Several inquests were taken, and amongst the number, an inquest in this cause, which stood No. $5 on the calendar. Immediately after the inquest was taken, the defendant’s attorney came into court, applied to the plaintiff’s attorney to waive the inquest and reinstate the cause on the calendar, and…
1Opinion of the Court
By the Court,
Sutherland, J.
It was undoubtedly the duty of the attorney to watch bis cause; but it seems the bar generally were misled by the circumstance of criminal cases set down for trial not coming on. Notwithstanding that the inquest was regularly taken, the plaintiff’s attorney ought to have waived it on the offer of the payment of costs. The state of the calendar had not been changed, and there -was every probability that the plaintiff would have had an opportunity to try his cause at that circuit, and such is proved to have been the result, as junior causes were subsequently tried.…
2Cited by1 opinion
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