Legal Opinion

Burbanks Hardware Co. v. Henkel

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1902PublishedCited by 1 opinion

Appeal from trial term, Albany county. Action by the Burbanks Hardware Company against John Henkel. From a judgment of the Albany county court reversing a justice’s judgment in favor of plaintiff, plaintiff appeals.

1Opinion of the CourtKellogg, J.

The judgment of the county court, reversing the judgment of the justice court, must be affirmed. The record shows that after defendant had withdrawn from the case, and in his absence, the trial of the case was, on the application of the plaintiff, three times adjourned, and on the third adjourned day the trial proceeded in the absence of defendant. Such unauthorized adjournments ousted the justice of his jurisdiction. Crisp v. Rice, 83 Hun, 465, 31 N. Y. Supp. 908; Morris v. Hays, 14 App. Div. 8, 43 N. Y. Supp. 639.

On the return day of the summons, defendant offered to prove that the summons…

2Cases cited2 opinions

  1. Crisp v. RiceNew York Supreme Court · 1894
  2. Morris v. HaysAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by1 opinion

  1. Long Branch Pier Co. v. CrossleyNew York Supreme Court · 1903

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