Lowther v. Crummie
Court for the Trial of Impeachments and Correction of Errors
Oh certiorari to a justice’s court. Crummie sued Low-t^er an^ Huff, in the court below, by summons, returnable the 9th of August, 1826, at 1 P. M. On that day the summons was returned personally served. The justice waiting one hour an(j 43 minutes after the hour mentioned in the summons, the defendants not appearing, then received the plaintiff’s declaration; and appointed the 16th of'August, aj 4 p_ M., to hear the proofs and allegations.
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Oh certiorari to a justice’s court. Crummie sued Low-t^er an^ Huff, in the court below, by summons, returnable the 9th of August, 1826, at 1 P. M. On that day the summons was returned personally served. The justice waiting one hour an(j 43 minutes after the hour mentioned in the summons, the defendants not appearing, then received the plaintiff’s declaration; and appointed the 16th of'August, aj 4 p_ M., to hear the proofs and allegations. About'20 minutes after the adjournment, the defendants appeared, and requested leave to plead. This was before the plaintiff had departed. At the hour…
1Opinion of the Court
Curia.
The defendants below should have been permitted to appear and plead at the adjourned day, on *87paying the costs of the adjournment, and subsequent proceedings.[1]
Judgment reversed.
The question how far a defendant should be permitted to make his defence at an adjourned day. when he did not appear at the return of process, has been passed upon in several instances. The decisions seem, however, to be conflicting. In one case it was said it would be too late for the defendant to be admitted to plead, and that he should be allowed only to give evidence in mitigation of damages. 11 J. R. 69. In…
2Cases cited2 opinions
- Pickert v. DexterNew York Supreme Court · 1834
- Riley v. SeymourNew York Supreme Court · 1828