Public-domain · open source
OpenJurist

11 Johns. 407

M'Carty v. M'Pherson

New York Supreme Court

Decided August 15, 1814

New York Supreme Court · decided 1814-08-15

IN ERROR, on certiorari, from a justice’s court. The sunu ¡¡tons was made returnable before the justice at two o’clock, p„ M, The justice appeared at the place appointed in the summons, at half past four o’clock, P. M^gnd opened his court 5 and the defendant not appearing, made inquiry whether the defendant had been there, and being informed that he had not, the justice adjourned the cause to another day, and proceeded to hear the evidence on the part of the 'plaintiff, for…

Decided 1814-08-15

Per Curiam.

¶1The delay on the part of the justice to open Ms court, for more than two hours, after the time appointed in the summons, and Ms subsequent adjournment of the cause, amounted to a discontinuance of the suit. (Proudfit v. Henman, 3 Johns. Rep. 391.)

¶2Judgment reversed

/11/johns/407 · .json · Public domain