Hall v. Dwinell
New York Supreme Court
This is an action of ejectment, which was noticed for trial at the last circuit in Washington county, at which a motion was made in behalf of the defendant to put off the trial of the cause, on account of his inability (he having been attacked with the palsy) to attend to the defence of the cause.
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This is an action of ejectment, which was noticed for trial at the last circuit in Washington county, at which a motion was made in behalf of the defendant to put off the trial of the cause, on account of his inability (he having been attacked with the palsy) to attend to the defence of the cause. The counsel for the plaintiff asked the circuit judge, in addition to the usual terms of putting off the trial of a cause, to direct that the defendant should pay the costs and expenses incurred by the plaintiff in making a re-survey of the location of certain lands, the premises in dispute in this…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Ordinarily, none other than the usual terms of paying the taxable costs of the circuit should be imposed upon the putting off of a trial. If by the improper conduct of a defendant, a plaintiff has been subjected to expense, the remedy, if any, is by action. Were it allowed to circuit judges to exercise a discretion as to what should be paid beyond the taxable costs, we would be overwhelmed with appeals. There may be extreme cases, in which stipulations may be imposed for the preservation of the *629rights of the plaintiff, where such rights will be endangered by the…
2Cited by5 opinions
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- Perkins v. WhitneyNew York Supreme Court · 1890
- Stores v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1949