Shufelt v. Cramer
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. Shufelt was plaintiff below/and proceeded by summons, on the return of which, issue was joined. The cause was adjourned until the 14th of January, at 2 o’clock, P. M. The defendants appeared according to the adjournment, and were ready to proceed.
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IN ERROR, on certiorari to a Justice’s Court. Shufelt was plaintiff below/and proceeded by summons, on the return of which, issue was joined. The cause was adjourned until the 14th of January, at 2 o’clock, P. M. The defendants appeared according to the adjournment, and were ready to proceed. The Justice waited until 10 minutes past 3 o’clock, P. M., and then called the parties; the defendants appeared, but the plaintiff did not appear, whereupon the Justice gave judgment of nonsuit, and adjudged to the defendants their" costs.
1Per curiam
The Justice was bound to wait a reasonable time for the appearance of the parties. No case has yet decided what shall be considered a reasonable time. We think, however, that waiting a full hour after the time appointed, is giving a sufficient and reasonable time for the appearance of either party. This is in conformity to the practice on a summons to show cause before a Judge. We are of opinion, that, as a general rule, the Justice must wait an hour for the appearance of the parties, and that he need wait no longer, unless some excuse which he shall deem reasonable, be shown, for giving…
2Cited by4 opinions
- Sherwood v. Saratoga & Washington RailroadNew York Supreme Court · 1852
- Nichols v. Place, New York County Courts1893
- In re GilleyDistrict Court, D. Massachusetts · 1873
- Phelps v. DavisMassachusetts Supreme Judicial Court · 1863