Hall v. Dwinell

Decided February 15, 1834

New York Supreme Court · decided 1834-02-15

This is an action of ejectment, which was noticed for trial at the last circuit in Washington county, at which a motion was made in behalf of the defendant to put off the trial of the cause, on account of his inability (he having been attacked with the palsy) to attend to the defence of the cause.

Good law ✅— No negative treatment on recordhow we know

Decided 1834-02-15

How this case has been cited

Cited by 4 later decisions — most recently September 1949

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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¶1By the Court,

Savage, Ch. J.

¶2Ordinarily, none other than the usual terms of paying the taxable costs of the circuit should be imposed upon the putting off of a trial. If by the improper conduct of a defendant, a plaintiff has been subjected to expense, the remedy, if any, is by action. Were it allowed to circuit judges to exercise a discretion as to what should be paid beyond the taxable costs, we would be overwhelmed with appeals. There may be extreme cases, in which stipulations may be imposed for the preservation of the *629rights of the plaintiff, where such rights will be endangered by the postponement of the trial; but otherwise if a proper case is presented for the putting off of a trial, nothing farther should be required than the payment of the costs of the circuit. Let there be a retaxation.*

¶3 Decided February 6,1834.