Patterson v. McRea
Michigan Supreme Court
Error to Oakland Circuit. Patterson brought trespass against McRea before a justice of the peace. On the, return day both parties appeared and the cause was adjourned at the request of the justice on account of his being sick: the adjourned day however being fixed on a day named by the defendant, which was seven days from the return day.
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Error to Oakland Circuit. Patterson brought trespass against McRea before a justice of the peace. On the, return day both parties appeared and the cause was adjourned at the request of the justice on account of his being sick: the adjourned day however being fixed on a day named by the defendant, which was seven days from the return day. On the adjourned day the defendant moved for a judgment of discontinuance on the ground that the adjournment by the justice for more than six days on his own motion deprived him of jurisdiction to proceed. This being overruled, the cause was again adjourned…
1Opinion of the Court
The Court
held that the adjournment in question was in legal effect an adjournment at the request, or at least by the consent, of the defendant, and one therefore of which he will not be heard to complain.
Judgment reversed.
2Cited by7 opinions
- People v. WashburnMichigan Supreme Court · 1938
- Hobbs v. the German-American DoctorsSupreme Court of Oklahoma · 1904
- Blair v. ComptonMichigan Supreme Court · 1876
- Beam v. ReynoldsMichigan Supreme Court · 1906
- Troy v. RodgersMichigan Supreme Court · 1910
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