Jackson ex dem' Colden v. Brownell
New York Supreme Court
WOODWORTH moved to discharge a- judge’s certificate to stay proceedings, because the plaintiffhad not brought on the cause to argument this term, according to notice, though there had been ample opportunity. He contended, that the certificate expired with the term, if the party ob=. taining it neglected to bring on the argument.
1Opinion of the Court
Per curiam,
When the cause is of such a nature, that either side may notice for argument, both are equally in default if it be not brought on. The only mode in such a case to get rid of a judge’s order, is to give a counter notice, and when the cause is called on the calendar, to come Sward and demand judgment. Here each party has *152noticed, and neither one has moved ; the application muse therefore be denied. Had the cause been such, that both parties could not have noticed, then the present motion would have been right.
2Cited by1 opinion
- Everitt v. WoodNew York Supreme Court · 1827