12 Johns. 418
Decided October 15, 1815
New York Supreme Court · decided 1815-10-15
IN ERROR, on certiorari to a justice’s court, ' After the cause had been adjourned on the application of the u 11 plaintiff in error, thé defendant below: the defendant, at the adjourned day, by his attorney, offered to swear that he still wanted material witnesses, and to give security, but did not 0®cr ■ to prove that he had taken any measures to obtain the witnesses. The justice refused a second adjournment, and the defendant’s attorney withdrew.
Good law ✅— No negative treatment on recordhow we know
Decided 1815-10-15
Cited by 45 later decisions — most recently April 1943 · most notably James Carver v. James Jackson (1830), In Re the Appraisal, Under the Transfer Tax Act, of the Estate of Lansing (1905)
2 federal appellate · 40 state decisions — followed in 13 states
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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¶1Although the justice may, upon reasonable cause, grant a second adjournment,- yet, according to the return, he acted discreetly in refusing it in this case; because there was no excuse offered'for the loches in not procuring the witnesses after the first adjournment.
¶2. Judgment affirmed.