11 Johns. 459
Decided October 15, 1814
New York Supreme Court · decided 1814-10-15
l'N ERROR, on certiorari, from a justice’s court. The plaintiff in error, who was the defendant below, by attorney, pleaded a misnomer in abatement, upon which issue was joined, Dunn, the plaintiff below, then requested an adjournment, which L __7 »ii was granted until the 12th day of November, at two o clocic, _ n/r Jr* JAi* About three o’clock, or a little after, of the day to which the cause was adjourned, Mrs. Wilde appeared, with her attorney, and moved for a nonsuit,…
Decided 1814-10-15
¶1There is ground to presume that the defendant below had no bona fide intention of defending the suit; and the delay after she appeared was not, under all circumstances, so unreasonable as to work a discontinuance : besides, her attorney was present during the trial. The judgment ought to be affirmed.
¶2Judgment affirmed.