Willson v. Henderson
New York Supreme Court
Motion to set aside judgment for irregularity. The plaintiff resides in Canada; the defendant in the city of Albany. The suit was commenced in "November, 1856, and the venue was laid in St. Lawrence. Before the time for answering expired, the defendant demanded that the trial be had in the proper county. Subsequently, the defendant put in his answer, to which the plaintiff served a reply.
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Motion to set aside judgment for irregularity. The plaintiff resides in Canada; the defendant in the city of Albany. The suit was commenced in "November, 1856, and the venue was laid in St. Lawrence. Before the time for answering expired, the defendant demanded that the trial be had in the proper county. Subsequently, the defendant put in his answer, to which the plaintiff served a reply. The plaintiff then noticed the cause for trial at the St. Lawrence circuit, to be held "on the 17 th of February. The defendant served papers and gave notice of a motion to be made on the 29th of January, at…
1Opinion of the Court
Harris, Justice.
There being no stay of proceedings in the case, the plaintiff was at liberty to proceed with the trial, and to take his inquest, but he did so at the risk of having his proceedings set aside, if the motion to change the place’of trial should be granted. It is a familiar rule that the court will never allow a party to be prejudiced by its own delay. Hence the practice of allowing a judgment to be entered nunc pro tunc, in case of the death of a party while the cause was sub judice. Had the motion to change the-place of trial been denied, the inquest would have been regular. But…
2Cases cited1 opinion
- Morgan v. GroffNew York Supreme Court · 1848
3Cited by3 opinions
- Bowman v. TallmanThe Superior Court of New York City · 1864
- Polizotti v. PolizottiAppellate Division of the Supreme Court of the State of New York · 1952
- Zeisloft v. George V. Blackburne Co.Appellate Terms of the Supreme Court of New York · 1904