Schwenk v. DeMaio

The opinion of the court was delivered by

Voorhees, J.

The return to this writ of certiorari removing a judgment in the Court for the Trial of Small Causes rendered for the plaintiff, shows that the action was brought for the recovery of a balance due on a book account, for goods sold to the defendant. The summons was return- . able December 10th, 1908. It appears by the record that before the return day of the summons, by request of defendant’s counsel, the ease was adjourned to December 15th, and that on that date the respective attorneys of the plaintiff and defendant appeared, but the…