Shannon v. Kennedy
New York Court of Common Pleas
On the return day of the summons in this cause, the parties appeared in the sixth district court. The pleadings were put in and an adjournment taken to a future day. Within ten minutes, the defendant’s counsel returned to the justice’s desk and desk landed a jury, which was refused, the reason assigned heir, that the demand was too late, the case having been adjourned and the plaintiff having left the court. The defendant excepted to the decision.
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On the return day of the summons in this cause, the parties appeared in the sixth district court. The pleadings were put in and an adjournment taken to a future day. Within ten minutes, the defendant’s counsel returned to the justice’s desk and desk landed a jury, which was refused, the reason assigned heir, that the demand was too late, the case having been adjourned and the plaintiff having left the court. The defendant excepted to the decision. On the adjourned day the cause was tried upon the merits, and judgment directed for the plaintiff. The defendant’s application for a jury and his…
1Opinion of the CourtBy the Court. Woodruff, J.
I do not think it necessary to decide whether a demand of a jury may or may not be made after an adjournment to a future day.
The act of January 4th, 1820, relating to assistant justices, section 3, limits the language of the previous act, (by which a jury might be demanded of the court “ after issue joined and before the court shall proceed to inquire into the merits,” &c.,) thus : “ It shall not be lawful for either of the parties, after the day in which an order has been made for an adjournment, to demand of the court that such action be tried by a jury.” (Laws relating to the city of N.…
2Cases cited1 opinion
- Bayless v. CranyNew York Supreme Court · 1823