Legal Opinion

Newman v. Woodcock

New York County Courts

Decided February 15, 1896PublishedCited by 2 opinions

Appeal from justice court. Action by Fred Newman against William Woodcock and others. Issue was joined May 4, 1895. The cause was then adjourned till May 11th, on which day plaintiff asked for a further adjournment, which was granted, over defendants’ objection, on condition that plaintiff pay defendants’ witness fees. Judgment was rendered in. favor of plaintiff, and defendants appeal.

1Opinion of the CourtDunmore, J.

The second adjournment was unauthorized. The justice had no right to grant plaintiff’s application for a second adjournment. By the provisions of the Code the plaintiff is entitled to an adjournment only upon the return day of the summons. Section 2960. When a commission is granted, a further adjournment may be had to procure the execution and return of the commission. Code, § 2983. Here the adjournment was granted on plaintiff’s motion and against the defendants’ objection for more than eight days, and was after one adjournment had been- had. The adjournment was, therefore, irregular, and,…

2Cases cited3 opinions

  1. Hart v. SmallNew York Court of Chancery · 1834
  2. Weeks v. LyonNew York Supreme Court · 1854
  3. Clarke v. MeigsThe Superior Court of New York City · 1863

3Cited by2 opinions

  1. Moody v. Becker, New York County Courts1901
  2. Blowers v. Malone, New York County Courts1912

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