Wilcox v. Clement
New York Supreme Court
Error to Saratoga C. P. A justice of the peace issued a summons requiring Wilcox to appear at the justice’s office on the 9th day of August, 1844, at one o’clock in the afternoon, to answer Joel Clement, treasurer of the village of Saratoga Springs, in a plea of trespass on the case.
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Error to Saratoga C. P. A justice of the peace issued a summons requiring Wilcox to appear at the justice’s office on the 9th day of August, 1844, at one o’clock in the afternoon, to answer Joel Clement, treasurer of the village of Saratoga Springs, in a plea of trespass on the case. The justice, in his return, states that “ at the time and place specified for the return of the said summons, Wilcox appeared a little before the hour of two o’clock, and urged me to call the cause: it lacked a little by my time: he waited until it was two o’clock by my time. I informed him that I had made it a…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The first question is, whether the defendant was bound to wait five minutes after an hour had elapsed from the time appointed for his appearance. I think not. The words of the statute are: “ Judgment of nonsuit, with costs, shall be rendered against a plaintiff—if he ' *162fail to appear on the return of any process, within one hour after the same was returnable.” (2 R. S. 246, § 119.) If the plaintiff had appeared before the defendant left, or if he had been in sight and approaching, and the justice had told the defendant that he was about to call the cause, then it…
2Cases cited2 opinions
- Thompson v. SayreCourt for the Trial of Impeachments and Correction of Errors · 1845
- Baldwin v. CarterNew York Supreme Court · 1818
3Cited by10 opinions
- McCoy v. BellWashington Supreme Court · 1889
- Abrams v. FineAppellate Terms of the Supreme Court of New York · 1899
- Thompson v. Van VechtenThe Superior Court of New York City · 1857
- Cornell v. BennettNew York Supreme Court · 1852
- Todd v. DoremusNew York Supreme Court · 1891
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