Public-domain · open source
OpenJurist

19 Johns. 390

Bowen v. Bell

New York Supreme Court

Decided January 15, 1822

New York Supreme Court · decided 1822-01-15

IN ERROR, on certiorari, to a Justice’s Court. Bell sued Bowen before the Justice, by a summons, which was personally served. On tile return day of the summons Bowen did not appear. The plaintiff stated his cause of action to the Justice, but being unprepared to prove it, asked for an adjournment of the cause for six days, which was granted. At the day to which the cause was adjourned, the defendant appeared, and tendeied a plea to the action.

Decided 1822-01-15

Platt, J.

¶1delivered the opinion of the Court. I find no? thing in the statute expressly regulating the practice in a case like the present; but, I am inclined to the opinion, that the Justice erred. There had been no delay occasioned by the defendant. The plaintiff was not ready, on the return of the summons, to proceed ex parte; and the adjournment was at his request. The only effect of entering the default of the defendant for not appearing on the return of the process, was to give the plaintiffliberty, if he thought proper, to proceed, at that time, ex parte. But, as the defendant appeared, and tendered a plea, as soon as the plaintiff was ready to produce proof of his demand, I see no good reason for rejecting the plea. (Sweet v. Coon, 15 Johns. Rep. 86.) The judgment must, therefore, be reversed.

¶2Judgment reversed.

¶3END OF JANUARY TERM.

/19/johns/390 · .json · Public domain