Howard v. Freeman
The Superior Court of New York City
Appeals from separate orders made at a special term, merely denying separate motions on the part of the defendants to postpone the trial of an action, with an interval of three weeks between them.
1Opinion of the Court
By the Court, Robertson, Ch. J.
There can be no doubt that parties have a remedy for a court’s proceeding with a trial, notwithstanding proper cause is shown for its postponement, when it is not a matter of discretion. That is fully established by the cases- cited on the argument, (Ogden v. Payne, *5125 Cowen 15; Hooker v. Rogers, 6 id. 577; Hall v. Dwinell, 10 Wend. 628,) and cases therein referred to. The remedy adopted, which those cases sanctioned, was a motion to set aside an inquest, and even a hostile verdict where the party applying had appeared and defended. The fact that the appearance of…
2Cases cited1 opinion
- Hall v. DwinellNew York Supreme Court · 1834
3Cited by2 opinions
- Dillon v. DillonSupreme Court of Louisiana · 1883
- Abat v. AtkinsonSupreme Court of Louisiana · 1869