Powers v. Lockwood
New York Supreme Court
IN error, on certiorari, from a justice’s court» Lockwood brought an action against Powers, before the justice, for that the dog of Powers had killed a calf belonging to the plaintiff. Issue was joined, and the cause was then adjourned, en the motion of the defendant, from the 2d to the 9th December, and a jury was summoned at the request of the plaintiff.
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IN error, on certiorari, from a justice’s court» Lockwood brought an action against Powers, before the justice, for that the dog of Powers had killed a calf belonging to the plaintiff. Issue was joined, and the cause was then adjourned, en the motion of the defendant, from the 2d to the 9th December, and a jury was summoned at the request of the plaintiff. After the parties had appeared on the return of the venire, the defendant’s attorney moved for an adjournment, on the ground of the absence of Jonathan Howard and another material witness, and offered to make the requisite oath and give the…
1Per curiam
The only question in this case is, whether the defendant made his application in season. One adjournment had already been made, at his request, after issue was joined. It does not appear that during the period of that adjournment, the defendant took any steps to procure the attendance of the witnesses he afterwards alleged that he wanted. This application must be made in due season. It would clearly be too late, if it was not made *134until the jury had been sworn, and the plaintiff had entered upon his proof. There must be some reasonable limitation to the time of the application, and of which…
2Cited by5 opinions
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