Mead v. Darragh
New York Court of Common Pleas
Appeal by defendant from a judgment of a district court. On the return of tbe summons in tbis case tbe defendant failed tdftppear. On the application of tbe plaintiff, tbe cause was adjourned, and the plaintiff left the court-room. Thereafter, but on the same day, and while tbe court was still in session, tbe defendant entered, and, at bis request, tbe justice entered bis appearance and received bis answer.
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Appeal by defendant from a judgment of a district court. On the return of tbe summons in tbis case tbe defendant failed tdftppear. On the application of tbe plaintiff, tbe cause was adjourned, and the plaintiff left the court-room. Thereafter, but on the same day, and while tbe court was still in session, tbe defendant entered, and, at bis request, tbe justice entered bis appearance and received bis answer. He at tbe same time demanded a jury, which the justice refused, upon the ground that he had no power to order a jury, tbe cause having been once adjourned. On tbe day to which tbe cause…
1Opinion of the Court
Brady, J. —
In this case, on the day the summons was returnable, but after the cause had been adjourned, and while the court was in session, the defendant appeared before the justice, put in a general denial to the complaint, and demanded a jury. The justice received the answer, but denied the application for a jury, on the ground that it was too late, an adjournment having been granted. There was no power conferred on the justices of district courts by statute to open defaults, but in Jenkins v. Brown (21 Wendell, 454), Cowen, J., says, in substance, “I am strongly inclined to think that the…
2Cases cited1 opinion
- Jenkins v. BrownNew York Supreme Court · 1839
3Cited by2 opinions
- De Vinne v. RianhardNew York Court of Common Pleas · 1880
- Doty v. Campbell, New York County Courts1884