McCullum v. McClare

An inquest having been taken in this action in the Marine Court, whether . properly, or not, it was, on the defendant’s application, set aside, and the cause ordered to be placed on the calendar for February 20, 1856. It was not placed on the calendar on that day; and on February 23,1856, from assurances of the plaintiff’s counsel, that the cause then on the calendar was properly there, and the defendant not appearing, the justice, by order, without proof, directed that the judgment before taken, and which was set aside, should stand, with twelve dollars costs.

The judgment must be reversed,…