Norris v. Bleakley

The plaintiff having rested his case in the court below, the defendant commenced his defence, and before his proofs were completed the cause was adjourned by consent until March 6, 1855. The defendant had pleaded payment and a counter-claim among his defences, and on March 6, to which the cause had been adjourned, the plaintiff did not appear. The defendant, nevertheless, proceeded with his proofs, and the justice rendered judgment in his favor for $25.

Prior to the Code of Procedure, and down to the adoption of Rule 47 of the late Supreme Court in 1845, if, the jury having retired to consider…