Willoughby v. Carleton
New York Supreme Court
IN error, on certiorari, from a justice’s court. » Carleton brought an action against Willoughby, for work and la-hour in putting up a fence, being the division fence between their lands, and the proportion belonging to Willoughby, which he had neglected to mend, for more than a month after request. Plea, the ° , * general issue, and set-off.
Read the full summary
IN error, on certiorari, from a justice’s court. » Carleton brought an action against Willoughby, for work and la-hour in putting up a fence, being the division fence between their lands, and the proportion belonging to Willoughby, which he had neglected to mend, for more than a month after request. Plea, the ° , * general issue, and set-off. The justice adjourned the cause, at the request of the defendant, to the 1st January, when the parties appeared; and the plaintiff requested an adjournment, on account 0f the non-attendance of a witness who had been subpoenaed. The defendant objected,…
1Per curiam
There is no well founded objection to the judgment below. 1. Whatever objection there might have been to the second adjournment, on the strict construction of the act, the granting it was reasonable and just, under the circumstances of the case,* and the objection was waived by the appearance of the defendant, afterwards, on the day of adjournment and going to trial on the merits. This cured the irregularity, according to the ' case of Dunham v. Heyden. (7 Johns. Rep. 381.)
2. The justice was correct in ruling that a decision of the fence viewers, as to each party’s proportion of the fence,…
2Cited by5 opinions
- Bush v. BrainardNew York Supreme Court · 1823
- Moody v. Becker, New York County Courts1901
- In re Pugh, New York County Courts1897
- King v. SmithNew York Supreme Court · 1855
- Hollenback v. FlemingNew York Supreme Court · 1844