Merwin v. Rogers

There is no ground for allowing a reargument of this appeal. No fact or point in the case was overlooked. Our decision that the justice of the district court was not liable in damages to the plaintiff for adjourning a cause, where no verified answer had been interposed, is not in conflict with our decision in Ahrens v. Burke, 63 How. Pr. 50, where we reversed a judgment entered after such unauthorized adjournment. We held in this case that an unauthorized adjournment was error, and that a judgment rendered thereafter would be reversed on appeal. Both cases may stand.

As to the application for…