Weeks v. Lyon
New York Supreme Court
Appeal by the plaintiff from a judgment of the Westchester county court. The suit was commenced before a justice of the peace, and was brought against the defendant for money had and received as agent of the plaintiff. The justice rendered a judgment in favor of the plaintiff, and the defendant appealed to the county court.
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Appeal by the plaintiff from a judgment of the Westchester county court. The suit was commenced before a justice of the peace, and was brought against the defendant for money had and received as agent of the plaintiff. The justice rendered a judgment in favor of the plaintiff, and the defendant appealed to the county court. The grounds of appeal were as follows : 1. That the justice had no jurisdiction over the person of the defendant, as the case was adjourned to the day on which it was tried, in the absence of the justice, and not in his presence; it having been previously legally adjourned…
1Opinion of the Court
By the Court, S. B. Strong, J.
The justice, after the parties had pleaded, adjourned the cause to the 20th of May, and then left his office. On returning, a short time afterwards, he found lying upon his desk a written consent that the cause should stand adjourned to the 18th of May, and there was added a request that the justice—■“ the absentee”—should “ note the fact.” The paper was signed by the counsel for the respective parties. The justice thereupon adjourned the cause to the 18th of May. This second adjournment, made, as it would seem, in the absence of the parties and their attorneys…
2Cited by6 opinions
- Preston v. . MorrowNew York Court of Appeals · 1876
- Abrams v. FineAppellate Terms of the Supreme Court of New York · 1899
- Berliner v. M. Zimmermann Co.Appellate Terms of the Supreme Court of New York · 1907
- Newman v. Woodcock, New York County Courts1896
- Heller v. HeineCity of New York Municipal Court · 1902
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