William L. Mantha Co. v. Peter Pirsch & Sons Co.

Judgment unanimously affirmed, with costs, upon opinion of Mr. Justice Faber at Special Term.

Present — Rich, Kapper, Hagarty, j Seeger and Carswell, JJ.

The following is the opinion delivered at Special Term:

Faber, J.

Action to restrain defendants from enforcing a judgment of Justice’s Court on the ground that such judgment is void and of no effect. The plaintiff claims the judgment is void because the justice of the peace, by whom the judgment was rendered, lost jurisdiction of the action in Justice’s Court when he adjourned the trial of the action, without the consent of the defendant in that…