Howard v. Freeman
New York Supreme Court
Appeal from an order at special term. This action was brought by Joseph Howard against John W. Freeman, and others. It now came up upon an appeal from an order at special term, denying a motion made by the defendants to set aside a default and inquest which had been taken against them at special term. At the trial term five different applications to put off the trial of the cause were made.
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Appeal from an order at special term. This action was brought by Joseph Howard against John W. Freeman, and others. It now came up upon an appeal from an order at special term, denying a motion made by the defendants to set aside a default and inquest which had been taken against them at special term. At the trial term five different applications to put off the trial of the cause were made. The first of these applications was on June 5th, and the direction made by the judge on that was made June 6th. By this direction the cause was set down for trial for June 13th. The second application was…
1Opinion of the Court
By the Court.*—Jones, J.
The first question to be determined is: assuming the defendants to be entitled, on the merits, to the relief they ask, have they pursued the proper course to obtain it ?
Under the law as it stood in this State ■ prior to the Constitution of 1846, a decision by a circuit judge refusing to postpone the trial of a cause, on the ground of the absence of material witnessed, was regarded as so far affecting a substantial right as to be subject to review, and, if erroneous, to reversal. (Ball v. Lord, 14 Johns. R., 341; Ogden v. Payne, 5 Cow., 15; Hooker v. Rogers, 6 Cow.,…
2Cases cited3 opinions
- People v. VermilyeaNew York Supreme Court · 1827
- Ogden v. PayneNew York Supreme Court · 1825
- Hooker v. RogersNew York Supreme Court · 1827