1 Cow. 235
Decided August 15, 1823
New York Supreme Court · decided 1823-08-15
After issue joined in mssunvpsit on account, by Barnes against Gale, the defendant r \ , ,, t , , -j said he would go on and try the cause, and the J ustice told the plaintiff to go on with his account. The plaintiff then asked the defendant if he would admit any of his account ? and the defendant did admit one or two of the charges, and objected to the others.
Cited by 1 later decisions — most recently January 1891
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1823-08-15
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¶1The defendant was too late in his application for a venire. An investigation had commenced. In Olney v. Bacon, (1 John. 142) the Justice had merely inspected the account, and the Court said the trial had not commenced. In this case, the Justice told the plaintiff to go on, in consequence of which he proceeded to prove some items, by the admission of the defendant; and a witness was partly sworn ■before the call for a venire.
¶2Judgment affirmed,
¶3And vid. Bayless v. Crany, ante, 86,