Bayless v. Crany
New York Supreme Court
Assumpsit, in the Court below, by Crany against Bayless. Issue was joined July 15th) 1822, and the cause was adjourned, on the plaintiff’s request, to 3 P. M. of the same day, when the defendant requested a further adjournment to the 18th (then) instant, and that the cause should be tried by jury. The Justice granted the adjournment, but refused a veñire. Judgment for the plaintiff. The question was, whether it was too late to demand a venire after the first adjournment.
1Opinion of the Court
Curia.
By statute, (sess. 36, ch. 86, s. 95, 2 R. L. 374,) it is lawful for either of the parties, after issue joined, and before the Court shall proceed to inquire into the merits of the cause, to demand a trial by jury. By the act, (sess. 43, chi 1, s. 3,) this cannot be done, “ after the day in which an order has been made for an adjournment.” The application for a jury having been made the same day on which the first order *88for an adjournment took place, but not till after that adjournmenh the only question is, whether the fir,st adjournment waa a “ proceedmg to inquire into the merits.” By…
2Cases cited3 opinions
- Day v. WilberNew York Supreme Court · 1804
- Olney v. BaconNew York Supreme Court · 1806
- Sebring v. WheedonNew York Supreme Court · 1811
3Cited by1 opinion
- Shannon v. KennedyNew York Court of Common Pleas · 1852