¶2The defendant is regular. He as in time, until the next general term after the circuit, to make his motion. There having -been no special term after -the circuit, previous to the July term, he has until October, without offering any excuse for his delay.
10 Wend. 576
Lyon v. Hoffman
Decided October 15, 1833
New York Supreme Court · decided 1833-10-15
The defendant moved for judgment as in case of nonsuit, for the omission of the plaintiff to try his cause at a circuit holden in .the last week of June. The defendant offered no excuse for delaying the application until this time. The plaintiff insisted, that having waited until after a general term, the defendant was bound to excuse his default; and that, at all events, he should have made his motion at one of the two last special terms.
Good law ✅— No negative treatment on recordhow we know
Decided 1833-10-15
How this case has been cited
Cited by 4 later decisions — most recently December 1910
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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