Kilmore v. Sudam
New York Supreme Court
IN error, on certiorari, from a justice’s court. Sudam sued Kilmore in the court below, in an action on the case, for 8 dollars, on account, as a physician. The defendant pleaded the general issue. The parties, by agreement, adjourned the cause until the 6th of November, at which time Sudam appeared in person, and A. L. Jordan appeared, under a power of attorney, for Kilmore.
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IN error, on certiorari, from a justice’s court. Sudam sued Kilmore in the court below, in an action on the case, for 8 dollars, on account, as a physician. The defendant pleaded the general issue. The parties, by agreement, adjourned the cause until the 6th of November, at which time Sudam appeared in person, and A. L. Jordan appeared, under a power of attorney, for Kilmore. The justice stated that it being made Satisfactorily to appear to him that Kilmore was out of the county, he permitted the attorney to -appear; but as he entertained, doubts as to the bona fide absence of Kilmore, he…
1Per curiam
The right of the justice to adjourn a cause' on his own motion, must be claimed and exercised, if at all, at the return of the process ; and if the first adjournment is by consent of parties, no subsequent adjournment can be made pn the motion of the justice. This is obviously the fair interpretation of the statute ; and so it seems to have been understood by the court in the case of Carnage v. Law. (2 Johns. Rep. 192.) But it is no more than a reasonable intendment in favour of the proceedings, that the second adjournment was by the consent of the defendant’s attorney. The justice states…
2Cited by2 opinions
- Stadler v. MoorsMichigan Supreme Court · 1861
- Ewing v. NickleCourt of Appeals of Maryland · 1876