Flint v. Gault

Smith, J.:

After issue joined before the justice, the cause was adjourned, at the request of the plaintiff, to October 12, at 12.30 p. m. The justice did not appear on the adjourned day until two or more minutes after 1.30 p. m. ■ He then, in the absence of the defendant, heard the plaintiff’s proof, and rendered judgment in his favor. We think, with the County Court, that, by the nonappearance of the justice at his office within one hour after the time to which the cause was adjourned, the action was discontinued and he lost jurisdiction. (Stoddard v. Holmes, 1 Cow., 245 ; 2 Wait’s L. & P.,…