Freeborn v. Badgley

Appeal from a judgment of nonsuit and costs, $16.17, rendered in favor of the defendant by F. L. Maine, justice of the-peace, May 31, 1895. The return made by the justice in relation, to the adjournment is as follows: “Adjourned by consent to-May 31, 1895, at 9 o’clock a. m.” At which time judgment ivasrendered as above, without waiting one hour, which is claimed by the plaintiff and appellant to have been error.

An order for a new trial which had been made in this case places the parties in exactly the same position as upon the return of a summons. It brings them into court,- and “thereupon…