Keating v. Serrell
New York Court of Common Pleas
Appeal from a judgment of the First District Court, ren•dered after a trial upon an issue of fact, tried before the justice, without a jury. The action was'brought to recover $200, being a balance alleged to be due to the plaintiff from the defendant, on a loan of $500, which the former claimed he made to the latter.
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Appeal from a judgment of the First District Court, ren•dered after a trial upon an issue of fact, tried before the justice, without a jury. The action was'brought to recover $200, being a balance alleged to be due to the plaintiff from the defendant, on a loan of $500, which the former claimed he made to the latter. The return of the justice stated that the trial took place, and the case was closed on the 7th day of February, 1873, and that thereupon the same was submitted to him for his decision •and determination. It further appeared by his return, that on the 10th day of February, a…
1Opinion of the CourtLoew, J.
As the evidence in reference to whom the loan was made was conflicting, the justice was warranted in finding that it was made by the plaintiff to the defendant, and not, as claimed by the latter, to Churchill, and afterwards by Churchill to the defendant.
It therefore becomes necessary to consider three questions -of law:
1st. Can the parties to an action by stipulation, extend the time within which the justice may lawfully render his decision ?
2d. If so, and the last day falls on Sunday, can judgment be legally given on Monday ? and
3d. Is a judgment which was rendered on Monday, but which…
2Cases cited10 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Avery v. StewartSupreme Court of Connecticut · 1816
- Salter v. BurtNew York Supreme Court · 1838
- Ex parte DodgeNew York Supreme Court · 1827
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3Cited by5 opinions
- Beardsley v. PopeNew York Supreme Court · 1895
- Lambert v. SalomonAppellate Terms of the Supreme Court of New York · 1899
- McAuley v. LyttleAppellate Terms of the Supreme Court of New York · 1911
- Mayer v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1899
- Rucker v. MillerSupreme Court of Minnesota · 1892