Freeborn v. Badgley

—Appeal from a judgment of nonsuit and costs, $16.-17, rendered in favor of the defendant by F. L. Maine, justice of the peace, May 31, 18951 The return made by the justice in relation to the adjournment is as follows: “Adjourned by consent to» May 31, 1895, at 9 o’clock a. m.” At which time judgment was-*170rendered as above, without waiting one hour, which is claimed by the plaintiff and appellant to have been error.

An order for a new trial which had been made in this case places the parties in exactly the same position as upon the return of a summons:' It brings them into court, and “thereupon…