Whipple v. Williams
New York Court of Appeals
Tin's was an action of slander commenced under the code, and was noticed for trial by the plaintiff, at the circuit held in Otsego in December, 1848, but was not noticed on the part of the defendant. The defendant attended prepared for trial, but the cause was not moved by the plaintiff. The plaintiff again noticed the cause for trial in January, but countermanded his notice before the commencement of the circuit, and the defendant did not notice the cause.
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Tin's was an action of slander commenced under the code, and was noticed for trial by the plaintiff, at the circuit held in Otsego in December, 1848, but was not noticed on the part of the defendant. The defendant attended prepared for trial, but the cause was not moved by the plaintiff. The plaintiff again noticed the cause for trial in January, but countermanded his notice before the commencement of the circuit, and the defendant did not notice the cause. The cause was tried at the March circuit, and a verdict rendered for the plaintiff. The attorneys of both parties reside in "New Berlin,…
1Opinion of the Court
Allen, Justice.
The plaintiff objects:
First. That the motion should have been noticed for the first day of the term. (Buie 56.) The excuse of the defendant’s attorney for not having done so appears upon the moving papers, and I think is sufficient. The motion was noticed in proper time for a special term in Broome county, and was not made on account of the final adjournment of the court unexpectedly, and at an earlier day than was anticipated, and the motion was then noticed for as early a day in this term as was practicable.
Secondly. It is insisted that the court has no authority to review…
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- Slocum v. LansingNew York Supreme Court · 1846
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