Lyon v. Hoffman
New York Supreme Court
The defendant moved for judgment as in case of nonsuit, for the omission of the plaintiff to try his cause at a circuit holden in .the last week of June. The defendant offered no excuse for delaying the application until this time. The plaintiff insisted, that having waited until after a general term, the defendant was bound to excuse his default; and that, at all events, he should have made his motion at one of the two last special terms.
1Opinion of the Court
*577 By the Court,
Nelson, J»
The defendant is regular. He as in time, until the next general term after the circuit, to make his motion. There having -been no special term after -the circuit, previous to the July term, he has until October, without offering any excuse for his delay.
2Cited by6 opinions
- Cox v. New York CentralNew York Court of Appeals · 1875
- Cox v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1875
- State ex rel. Spring River Electric Power Co. v. ThurmanSupreme Court of Missouri · 1910
- Brown v. WarrenNevada Supreme Court · 1883
- Cox v. New York Central & Hudson River RailroadNew York Supreme Court · 1875
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