Moffatt v. Ford
New York Supreme Court
Appeal from "an order, dated 23d April, 1850, made at circuit, dismissing the complaint with costs, and directing an extra allowance. On the 13th of April the cause was reached, and called on for trial by the defendants, who were ready, with their witnesses in attendance. The plaintiff applied for a postponement, which was denied. He then gave notice of discontinuance, and made a tender of costs.
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Appeal from "an order, dated 23d April, 1850, made at circuit, dismissing the complaint with costs, and directing an extra allowance. On the 13th of April the cause was reached, and called on for trial by the defendants, who were ready, with their witnesses in attendance. The plaintiff applied for a postponement, which was denied. He then gave notice of discontinuance, and made a tender of costs. Ten days afterwards, but during and at the same circuit, on reading sundry affidavits, which were not set forth in the case, and on hearing counsel on both sides, the order appealed from was made.
1Opinion of the Court
By the Court, Roosevelt, J.
Had the judge at circuit jurisdiction to make the order appealed from ? He certainly had on the day when the trial was called on. But the motion, it seems, was not then made; and the cause, for that reason, it is said, as to the circuit was out of court.
The universal practice is at variance with this idea. Motions are continually made at circuit in causes which have been passed on the calendar. Besides, the circuit, as now constituted, has ' jurisdiction, not to try a cause merely, but to render a judgment, whether of dismissal or otherwise, “ as the case (in the…
2Cited by2 opinions
- Mora v. Great Western InsuranceThe Superior Court of New York City · 1863
- Jones v. CaseNew York Supreme Court · 1869