Parmelee v. Thompson
New York Supreme Court
Error to the Oneida common pleas. Thompson sued Parmelee_before James M. Gray, a justice of the peace, by summons, returnable on the lith March, 1843. The parties appeared, and the defendant asked for a discontinuance, on the ground that the justice had, since his election to the office, become an inn-holder or tavern-keeper.
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Error to the Oneida common pleas. Thompson sued Parmelee_before James M. Gray, a justice of the peace, by summons, returnable on the lith March, 1843. The parties appeared, and the defendant asked for a discontinuance, on the ground that the justice had, since his election to the office, become an inn-holder or tavern-keeper. A witness was thereupon sworn, who testified, in effect, that the justice was then an inn-keeper; but there was no proof as to when he commenced the business. The justice refused a discontinuance. Issue was then joined, and the cause adjourned on the defendant’s motion…
1Opinion of the Court
By the Court,
Bronson, J.
There are several reasons why there was no error in refusing the plaintiff's motion for an adjournment. 1. The motion was not made until after the jury had been empannelled, and it then came too late to be claimed as a right. (Fink v. Hale, 8 John. R. 437.) 2. The plaintiff swore that he had served notice of an application for a commission, and recited the contents of the notice; but he did not swear that the matters contained in the notice were true. 3. If he had sworn to the truth of the notice, it would not have helped the case; for the notice does not state that…
2Cases cited1 opinion
- Pooler v. MaplesNew York Supreme Court · 1828