Pulver v. Hiserodt
New York Supreme Court
Motion by Defendant to set aside verdict and subsequent proceedings.—TMs motion was made on the ground that the circuit judge before whom the cause was tried, erroneously refused to put off the trial for the circuit, upon the Defendant’s application; who alleged the absence of a material witness, which was necessary for him on the trial. The cause was noticed for trial, and put upon the calendar for the Dutchess circuit, held on the 16th of November last.
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Motion by Defendant to set aside verdict and subsequent proceedings.—TMs motion was made on the ground that the circuit judge before whom the cause was tried, erroneously refused to put off the trial for the circuit, upon the Defendant’s application; who alleged the absence of a material witness, which was necessary for him on the trial. The cause was noticed for trial, and put upon the calendar for the Dutchess circuit, held on the 16th of November last. There was also noticed for trial at the same time and place another cause,, wherein Esther Pulver was Plaintiff against the same Defendant.…
1Opinion of the Court
Bronson, Chief Justice.
On motion for the first time to put off the trial of a cause where there are no circumstances of suspicion, the common affidavit is sufficient, and the Defendant cannot be required to state what he expects to prove by the absent witness. Ogden v. Payne, 5 Cow. 15 ; Hooker v. Rogers, 6 id. 577 ; The People v. Vermilyea, 7 id. 383 ; Onderdonk v. Rantlett, 3 Hill, 323.) Although the Defendant had moved to put off the trial in March, that cannot properly be taken into the account, for the reason that the cause was not reached, and could not have been tried at that circuit,…
2Cases cited1 opinion
- Ogden v. PayneNew York Supreme Court · 1825
3Cited by1 opinion
- Cadmus v. OakleyNew York Surrogate's Court · 1883