Clark v. Garrison
New York Supreme Court
Garrison sued Clark before a justice of the peace, in trover for a note, and recovered f 25. Clark removed the judgment to the Saratoga common pleas, and the attorney for the defendant in error having been elected county judge, the cause came here on his certificate pursuant to section 31 of An act to amend the act entitled An act in relation to the judiciary,’ passed May 12, 1847.” On the return day of the summons the parties appeared before the justice, and joined issue,…
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Garrison sued Clark before a justice of the peace, in trover for a note, and recovered f 25. Clark removed the judgment to the Saratoga common pleas, and the attorney for the defendant in error having been elected county judge, the cause came here on his certificate pursuant to section 31 of An act to amend the act entitled An act in relation to the judiciary,’ passed May 12, 1847.” On the return day of the summons the parties appeared before the justice, and joined issue, and the cause was thereupon adjourned to Saturday at 1 P. M., when the plaintiff was ready, but the defendant obtained an…
1Opinion of the Court
By the Court,
Hand, J.
We think this judgment must be reversed because the justice did not wait one hour, for the defendant to appear. The statute gives this time to both parties on the return of the summons. (2 R. S. 233, § 46.) And in our opinion this is a reasonable time in all cases of adjournments, or where the cause is necessarily held open to a future day. The plaintiff has an hour to appear after an adjournment. (2 R. S. 246, § 119.) And by analogy he would be entitled to that time where the cause is held open to a particular hour on a subsequent day; and we cannot see why the defendant…
2Cases cited1 opinion
- In re PulverNew York Supreme Court · 1831
3Cited by4 opinions
- Nichols v. Place, New York County Courts1893
- Coatsworth v. ThompsonSuperior Court of Buffalo · 1886
- Freeborn v. BadgleyNew York County Court, Onondaga County · 1895
- Freeborn v. Badgley, New York County Courts1895