Hinde v. Tubbs
New York Supreme Court
A MOTION was made, in behalf of the defendant, that the inquest taken in this cause and all subsequent proceedings therein, *3e set as^e. Issue was joined in the cause the 18 th May last, ant*on the same day, the defendant’s attorney received a notice of trial for the Onondaga circuit, to be held on the 31st day of May, being less than 14 days’ notice, to which, by the rules of the court, was entitled.
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A MOTION was made, in behalf of the defendant, that the inquest taken in this cause and all subsequent proceedings therein, *3e set as^e. Issue was joined in the cause the 18 th May last, ant*on the same day, the defendant’s attorney received a notice of trial for the Onondaga circuit, to be held on the 31st day of May, being less than 14 days’ notice, to which, by the rules of the court, was entitled. Considering the notice of trial as insufficient, the defendant’s attorney did not attend the circuit, and the plain- . ^ . ’ r tiff took an inquest, by default, m the cause. The affidavit read…
1Per curiam
The defendant’s counsel in this case received short notice of trial, and that was sufficient to put him on inquiry. He ought, therefore, to have applied at the next term, which was in August. The motion must be denied.
Motion denied.
2Cited by2 opinions
- Van Hook v. PendletonU.S. Circuit Court for the District of Southern New York · 1848
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866