Stewart v. Meigs
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. • A summons was issued, at the suit of Meigs, against Stewart, and returnable at the house of Clark Lawrence, inn-keeper, on 1 , - ,i «7 .«.ii-ir a the 26th ox April, 1813, at nine o’clock m the forenoon.
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IN ERROR, on certiorari to a justice’s court. • A summons was issued, at the suit of Meigs, against Stewart, and returnable at the house of Clark Lawrence, inn-keeper, on 1 , - ,i «7 .«.ii-ir a the 26th ox April, 1813, at nine o’clock m the forenoon. At , , . , r ^ ii the time and place appointed, Stewart, the defendant below, , a a ' ? appeared before the justice, and, after waiting there one hour, without the plaintiff appearing, he applied to the justice to be discharged from the cause ; to which the justice answered, that he would not proceed, nor do any thing in the cause, until the…
1Per curiam
Whether the delay at Lawrence's house would operate as a discontinuance, need not be decided. The trial of the cause at the justice’s own house, a different place from that appointed in the summons, was irregular, and the judgment must be reversed. (Case v. Van Ness, 1 Johns. Cas. 243.)
Judgment reversed.
2Cases cited1 opinion
- Case v. Van NessNew York Supreme Court · 1800
3Cited by1 opinion
- United States v. RundlettU.S. Circuit Court for the District of New Hampshire · 1854