Kent v. Fraser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George H. Fraser, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 14th day of December, 1917, denying his application for an indefinite postponement of the trial on the ground of the absence in Germany of an alleged material witness.
1Opinion of the Court
Jenks, P. J.:
The motion called for an exercise of discretion by the trial court. (Paine v. Aldrich, 133 N. Y. 544; Whitney v. Whitney, 76 Hun, 585; Smith v. Alker, 102 N. Y. 87.) As the question before us is whether the order made was right (Baylies N. T. & App. [2d ed.], 404, citing People v. New York Central & H. R. R. R. Co., 28 Hun, 546), we shall not discuss the process by which the learned court reached its conclusion. It appears from the affidavit of the moving party that when the present war between this country and the German Empire was declared, the absent witness was a resident of.…
2Cases cited6 opinions
- The Rapid, Perry, MasterSupreme Court of the United States · 1814
- Griswold v. WaddingtonNew York Supreme Court · 1819
- Smith v. . AlkerNew York Court of Appeals · 1886
- Carberry v. Worrell ex rel. BurnsMississippi Supreme Court · 1891
- Whitney v. WhitneyNew York Supreme Court · 1894
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