Sammis v. Brice
New York Supreme Court
Error to the Monroe common pleas, to review a judgment of that court reversing a judgment which Sammis, as plaintiff, had recovered against Brice before a justice of the peace. The only material error relied on was, that the justice had refused the defendant leave to plead on the adjourned day.
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Error to the Monroe common pleas, to review a judgment of that court reversing a judgment which Sammis, as plaintiff, had recovered against Brice before a justice of the peace. The only material error relied on was, that the justice had refused the defendant leave to plead on the adjourned day. The summons was returnable, and was returned served on the 30th day of August, 1844, on which day the plaintiff only appeared; and he asked for and obtained an adjournment to the 3d of September, then next. On that day both parties appeared and the defendant made an affidavit that he understood the…
1Opinion of the Court
By the Court, Jewett, J.
I am unable to . discover any . thing in the affidavit of the defendant, or in that of the constable, or in the facts and circumstances of the case, tending in the least to throw suspicion on the good faith of the application of the defendant on the adjourned day, to be permitted to plead *577or which causes a doubt that his failure to appear on the return of the process was in fact the consequence of mistaking its return day.
If this was established, the cause of justice required that the magistrate, in the exercise of a sound judicial discretion, should have permitted the…
2Cases cited1 opinion
- Pickert v. DexterNew York Supreme Court · 1834