Lisher v. Parmelee
New York Supreme Court
The plaintiff commenced two suits against each of the defendants, in slander. The words charged in one declaration were for slandering the plaintiff as a clergyman, in the other slandering him as a merchant. The causes were put at issue in September last. On Saturday, the 29th March, at % Past seven P. M. a notice of trial was served on the defendants’ attorney in three causes, one against each defendant, for the , . , 7th April.
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The plaintiff commenced two suits against each of the defendants, in slander. The words charged in one declaration were for slandering the plaintiff as a clergyman, in the other slandering him as a merchant. The causes were put at issue in September last. On Saturday, the 29th March, at % Past seven P. M. a notice of trial was served on the defendants’ attorney in three causes, one against each defendant, for the , . , 7th April. Immediately on receiving the notice, the plain-attorney addressed a note to the plaintiff’s counsel, residing in the same village with him, where also the plaintiff…
1Opinion of the Court
By the Court,
Woodworth, J.
The motion is denied, with costs to be paid by the plaintiff. Under the peculiar circumstances of these cases, the notices of trial served on the 31st March were insufficient, as not apprising the defendant of the causes intended to be tried ; and when, on the evening of the 1st April, the notices were made definite, the defendants had but five full days left, in which to prepare for trial. The plaintiff had held the defendants t o the strictest practice, by giving notice at the latest possible moment, and he should have seen that the notice thus given was perfect,…
2Cited by1 opinion
- Parkman v. ShermanNew York Supreme Court · 1803