Deland v. Richardson & Richardson
New York Supreme Court
Error to Tioga C. P. Deland sued the Richardsons by summons returnable on the 15th day of July, 1844, which was personally served. On the return day the parties did not appear; but E'. S. Sweet appeared as attorney for the plaintiff, and W. F. Warner as attorney for the defendants. No proof of the authority nf tV was asked or given on either side. After joining issue in covenant, the cause was adjourned by consent to the 20th of July.
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Error to Tioga C. P. Deland sued the Richardsons by summons returnable on the 15th day of July, 1844, which was personally served. On the return day the parties did not appear; but E'. S. Sweet appeared as attorney for the plaintiff, and W. F. Warner as attorney for the defendants. No proof of the authority nf tV was asked or given on either side. After joining issue in covenant, the cause was adjourned by consent to the 20th of July. On that day the plaintiff appeared by Mr. Sweet as his attorney; • and Elias Richardson, one of the defendants, appeared for both of them, and asked a further…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Assuming that all was regular, as against both of the. defendants, down to, and including the adjournment to the 15th of October, still as neither of the parties appeared on that day, the suit was discontinued, and out of court. The oath administered to Mr. Sweet on the 10th of October—a day to which the cause did not stand adjourned— was extra-judicial; and consequently no authority was shown for his appearing at that time on behalf of either of the parties. (Fanning v. Trowbridge, 5 Hill, 428; Lester v. Crary. 1 Denio, 81.) As the defendants did not appear in…
2Cases cited1 opinion
- Lester v. CraryCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by4 opinions
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Allard v. . GreasertNew York Court of Appeals · 1874
- Young v. Conklin, New York County Courts1893
- Bellamy v. HawKinsSupreme Court of Florida · 1880