Legal Opinion

Burbanks Hardware Co. v. Hinkel

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

Appeal by the plaintiff, The Burbanks Hardware Company, from •a judgment of the County Court of Albany county in favor of the defendant, entered in the office of the clerk of the county of Albany on the 13th day of May, 1902, reversing a judgment-rendered by a justice of the peace in favor of the plaintiff.

1Opinion of the Court

Kellogg, J.:

The judgment of the County Court, reversing the judgment of the Justice Court, must be affirmed. The record shows that after defendant had withdrawn from the case, and in his absence, the trial of the case was on the application of the plaintiff three times adjourned, and on the third adjourned day the trial proceeded in the absence of defendant. Such unauthorized adjournments ousted the justice of his jurisdiction. (Crisp v. Rice, 83 Hun, 465; Morris v. Hays, 14 App. Div. 8.)

On the return day of the summons defendant offered to prove that the summons and other papers were not…

2Cases cited2 opinions

  1. Crisp v. RiceNew York Supreme Court · 1894
  2. Morris v. HaysAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by3 opinions

  1. People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906
  2. Blowers v. Malone, New York County Courts1912
  3. Long Branch Pier Co. v. CrossleyNew York Supreme Court · 1903

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