Legal Opinion

Burgett v. Edwards

New York Supreme Court

Decided December 15, 1870Published

Appeal from a judgment of the County Court of Cortland county, affirming a judgment rendered by a justice of the peace in favor of the plaintiff.

1Opinion of the CourtMiller, P. J.

I think that there was no error in law committed hy the justice in refusing a further adjournment to the defendant. The defendant, upon the application made for the adjournment, swore that he was advised hy his counsel that one Rice was a material witness in the case; that ho considered him such; that he was not present; that he had *194subpoenaed him and paid him; that he told him the day before he could not come; and he expected to procure his attendance upon the adjourned day. Upon being cross-examined, he - stated that he could not tell what the witness knew about the matters in the suit.…

2Cases cited1 opinion

  1. Weed v. LeeNew York Supreme Court · 1868

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