Mason v. Campbell
New York Court of Common Pleas
Appeal by defendant from a judgment of the Third District Court. The cause was commenced in April, 1856, and was adjourned from time to time, by consent of the parties, until the first of September, when the cause was tried, and judgment was rendered for the plaintiff. The facts upon which the appeal of the defendant was based are fully stated in the opinion of the court.
1Opinion of the Court
INGRAHAM, First Judge. —
Upon the return of the summons in this case, the parlies joined issue, and adjourned the cause to another day. On appearing at the adjourned day, the defendant demanded a jury, lo which the plaintiff objected. A jury was *292ordered by the justice, and tbe case adjourned. Numerous adjournments afterwards were made, on the motion of the defendant or with bis assent, until tbe 3d of Juno, when the defendant ■did not appear. • On that day the plaintiff commenced taking an inquest, and the'case was held by the justice for advisement. On the next day, the defendant again…
2Cited by1 opinion
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