Sandford v. Sinclair
New York Supreme Court
Several suits in favor of the plaintiff, against different defendants, all turning on the same question, were depending in this court; and on the trial of one of the actions, against Halsey, in June, 1842, the plaintiff was nonsuited.
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Several suits in favor of the plaintiff, against different defendants, all turning on the same question, were depending in this court; and on the trial of one of the actions, against Halsey, in June, 1842, the plaintiff was nonsuited. A stipulation was thereupon entered into in all of the suits, of which this is one, that in case a new trial in the Halsey suit should be denied on a motion which the plaintiff proposed to malte on a bill of exceptions, then the defendants in all the other suits might enter judgment, as in case of nonsuit, unless the plaintiff should bring error. If a new trial…
1Opinion of the Court
By the Court, Bronson, Ch. J.
A plea puis darrien continuance should be pleaded on the first day of the term next after the new matter of defence arose; but if there is a circuit in the mean time, a trial can only be prevented by putting in the plea at the circuit. When the plea comes in due time, it is matter of right; and neither the court in bank, nor the judge at the circuit has any discretion to reject it. But as such pleas are often resorted to for the mere purpose of delay, the defendant is held to strict rules. If he do not plead in time, it is no longer *272a matter of right, and the…
2Cases cited1 opinion
- Desobry v. MorangeNew York Supreme Court · 1820
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