Brooklyn Oil Works v. Brown

McCunn, J. (Nisi Prius)

By some courts the adjourn ment of a trial is held to be so much a matter in the discretion of a judge at nisi prius that his denial of the postponement cannot be assigned for error. (Woods agt. Younq, 4 Cranch, 237).

In this state a refusal of an adjournment is not the subject of exception, but may be reviewed on motion for a new trial. (People agt. Vermilyea, 7 Cowen., 108; People agt. Superior Court of City of N. Y., 10 Wend., 299; Howard agt. Freeman, 3 Abb. N. S., 292).

For while we held the exception in denial of an adournment to be within the discretion of the…