Gallaudet v. Steinmetz
The Superior Court of New York City
Appeal by defendant from an order. This action was brought by Peter W. G-allaudet against William G-. Steinmetz. The case was on the calendar June 6 and 7, 1878, but was not called until June 10. Charles Leliva, a witness for defendant, was duly subpoenaed, but did not attend on the 10th or 11th, although he had attended on June 6 and 7. On June 11, when this case was called for trial, defendant presented to the court the affidavit of Alfred P. Reeves, showing service of…
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Appeal by defendant from an order. This action was brought by Peter W. G-allaudet against William G-. Steinmetz. The case was on the calendar June 6 and 7, 1878, but was not called until June 10. Charles Leliva, a witness for defendant, was duly subpoenaed, but did not attend on the 10th or 11th, although he had attended on June 6 and 7. On June 11, when this case was called for trial, defendant presented to the court the affidavit of Alfred P. Reeves, showing service of subpoena, and of defendant, showing materiality of the absent witness’s testimony, &c., and moved that the trial be…
1Opinion of the Court
By the Court.—Van Vorst, J.
The practice in cases like that involved in this appeal, is settled in this court. The decision made by the learned judge upon the motion of the defendant’s counsel, before the impaneling of the jury, upon affidavits for the postponement of the trial, on the ground of the absence of a material witness, and to which decision an exception was taken, is the subject of review. The defendant may, upon a case containing his exceptions to the decision, move for a new trial at special term, or present the exceptions for review by appeal from the judgment. In either case the…
2Cited by5 opinions
- Garfield National Bank v. ColwellNew York Supreme Court · 1890
- People ex rel. Glennon v. MartinNew York Court of Common Pleas · 1895
- Dean v. HalliburtonAppellate Division of the Supreme Court of the State of New York · 1924
- Kelly v. WeirCity of New York Municipal Court · 1897
- Perkins v. WhitneyNew York Supreme Court · 1890