Gamage v. Law

Decided February 15, 1807

New York Supreme Court · decided 1807-02-15

In error on certiorari. After the return ofthe process, and the parties had appeared and pleaded in the court below, the defendant obtained an adjournment of the cause for three months, at the hour of two, on a day certain. At 9 o’clock in the afternoon of that day, the parties were called, and the plaintiff appeared, but the defendant made default. The justice then adjourned the cause to the next day, when he gave judgment for the plaintiff below.

Decided 1807-02-15

Per Curiam.

¶1The justice cannot adjourn a cause more than once, on his own motion, and that only for a time not exceeding six days after the return ofthe process.* The second adjournment in this case, is not within the provision of the act; and it is not stated to have been made from necessity, or any just, cause. It amounted, therefore, to a discontinuance of the suit. The judgment below must be reversed. Judgment reversed.

¶2 Laws of N. Y. vol. 1 p. 492. § 2.