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3 N.J.L. 280

Andrews v. Wright

Supreme Court of New Jersey

Decided September 15, 1807

Supreme Court of New Jersey · decided 1807-09-15

<p>OX CERTIORARI.</p> <p>Adjournment after hearing evidence, illegal, without consent.</p>

Decided 1807-09-15

¶1•Oxr the trial of this cause, after examining three witnesses, the Justice adjourned the trial for two days, and the parties again meeting on this adjournment, proceeded to hear the cause, and rendered judgment. This being assigned for error. The Court were of opinion, that the Justice could not adjourn the trial after he had commenced it and actually examined witnesses, and Reversed the judgment.

¶2Note. — If this was done by the consent of botli parties it might alter the case, (a)

¶3Vide post. 521. Motion to nonsuit, no bar to adjournment. — Ed.

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