Duel v. Sykes
New York Supreme Court
Appeal from Washington county court. Action by Levi J. Duel against Byron- H. Sykes and Michael J. Hayes, to recover the price of a calf, which defendants agreed to purchase of plaintiff at a certain price. Defendants appeal from a j udgment of the county court affirming a judgment of a justice of the peace in favor of plaintiff.
1Opinion of the CourtLandon, J.
Upon the return of the summons the defendants specially appeared by counsel, and took objections to the jurisdiction. The plaintiff, without pleading, asked the justice to hold the case open until he could obtain counsel, 25 miles away. Defendants objected, urging that the court had no power to hold the case open or adjourn before issue joined. The court held, the case open, or adjourned it for two days. The-defendants upon the adjourned day objected that the case was discontinued by the adjournment. The objection was overruled, issue was joined and trial liad. The defendants now urge that…
2Cases cited1 opinion
- Peck v. AndrewsNew York Supreme Court · 1860
3Cited by5 opinions
- Moody v. Becker, New York County Courts1901
- Todd v. DoremusNew York Supreme Court · 1891
- People v. HarberAppellate Division of the Supreme Court of the State of New York · 1905
- Sherer v. CannonNew York County Court, Steuben County · 1907
- Steele v. Wells, New York County Courts1898