Baldwin v. Carter
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action in the court be-o low against the plaintiff in error, in which, after issue joined, the cause was adjourned too future day, at two o’clock in the afternoon. The defendant below appeared at the time, but the justice did not come until three o’clock, or a little after, when, the plaintiifbelow not having arrived, the defendant urged the justice to call the cause.
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IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action in the court be-o low against the plaintiff in error, in which, after issue joined, the cause was adjourned too future day, at two o’clock in the afternoon. The defendant below appeared at the time, but the justice did not come until three o’clock, or a little after, when, the plaintiifbelow not having arrived, the defendant urged the justice to call the cause. The justice, however, delayed un- ^ about twenty minutes after three, at which time the plai'n- ^ appeared, and the defendant, on seeing him, went…
1Per curiam
The only point in this case is, whether the delay was such as to authorize the defendant below to consider the cause discontinued: and we think, under the circumstances stated in the case, that it was not. The defendant *497waited until the justice and plaintiff both arrived, and was apprized by the justice that he was about calling the parties. The defendant, therefore, wilfully absented himself after he knew that the trial was to take place: he must, therefore, be considered as having voluntarily abandoned his cause. (12 Johns. Rep. 217.) Had he gone away before the plaintiff appeared, and…
2Cited by6 opinions
- Sargent v.New York Supreme Court · 1825
- Wilcox v. ClementNew York Supreme Court · 1847
- Sargent v.New York Supreme Court · 1825
- Thomas v. KeelerNew York Supreme Court · 1889
- Cornell v. BennettNew York Supreme Court · 1852
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