Green v. Angel
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. In the course of the- trial in the-court below, while the defendant in error, who was also defendant in the court below, was proceeding with his testimony to substantiate his plea of set-off, ... .1.1 . the justice decided, that in order to sustain his plea, it was . necessary tor him to show a mdgment and execution before another justice.
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IN ERROR, on certiorari to a justice’s court. In the course of the- trial in the-court below, while the defendant in error, who was also defendant in the court below, was proceeding with his testimony to substantiate his plea of set-off, ... .1.1 . the justice decided, that in order to sustain his plea, it was . necessary tor him to show a mdgment and execution before another justice. The defendant then requested a delay in the trial, until he could go 12 miles to procure the evidence required. To this the plaintiff objected, but the justice said that he would keep the court open, and allow…
1Per curiam
The judgment must be reversed, on two grounds :
It was an abuse of discretion in the justice to allow such an *470unreasonable time. for the defendant to go abroad for évidence during the trial* 2. Thé non-appearance of the plaintiff,. 'When the trial was.-resiimed, was a discontinuance of the suit,, and the" justice had no right to. proceed any further.
Judgment reversed.'.,
2Cited by4 opinions
- Jourdan v. HealeyNew York Court of Common Pleas · 1892
- Bidell v. PoyerMichigan Supreme Court · 1835
- Dunlap v. RobinsonOhio Supreme Court · 1861
- Gillilan v. SprattNew York Court of Common Pleas · 1871