Legal Opinion

Bennett v. Cole

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1916PublishedCited by 4 opinions

Appeal by the plaintiff, Richard Bennett, from an order of the County Court of Hamilton county, entered in the office of the clerk of said county on the 28 th day of February, 1916, denying his motion to vacate and set aside the judgment of said court entered in the office of the clerk of the county of Hamilton on the 5th day of October, 1915.

1Opinion of the Court

Howard, J.:

This action was begun in a Justice’s Court in the town of Long Lake, Hamilton county-, by the personal service of a summons upon the defendant. On the return day, September 11, 1914, at two p. M., the parties appeared in person before the justice of the peace at Raquette Lake and pleaded orally. The case was adjourned to Oótober fifteenth, at Long Lake. In the meantime the justice was taken ill, and on October 7, 1914, he wrote to each of the litigants, telling them of his indisposition and his inability to try the case on the adjourned *522day. Later he met each of the parties, and by…

2Cases cited1 opinion

  1. Geneva Furniture Manufacturing Co. v. S. Karpen & Bros.Supreme Court of the United States · 1915

3Cited by4 opinions

  1. Marsh v. PeckhamAppellate Division of the Supreme Court of the State of New York · 1935
  2. Kemack v. Coon, New York County Courts1932
  3. People ex rel. Fisher v. MorhousNew York Supreme Court · 1944
  4. Bishopp v. Cookinham, New York County Courts1959

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