Legal Opinion

Newman v. Woodcock

Oneida County Court

Decided February 15, 1896Published

1Opinion of the CourtDunmore, J.

The second adjournment ivas unauthorized. The justice had no right to grant plaintiff’s application for a second adjournment. By the provisions of the Code the plaintiff is entitled to an adjournment only upon the return day of the summons. Section 2960. When a commission is granted, a further adjournment may he had to procure the execution and return of the commission. Code, § 2983. Here- the adjournment was granted on plaintiff’s motion and against the defendants’ objection for more than eight days, and ivas after one adjournment had been had. The adjournment was, therefore, ir*548regular, and,…

2Cases cited3 opinions

  1. Hart v. SmallNew York Court of Chancery · 1834
  2. Weeks v. LyonNew York Supreme Court · 1854
  3. Clarke v. MeigsThe Superior Court of New York City · 1863

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