3 Wend. 420
Decided October 15, 1829
New York Supreme Court · decided 1829-10-15
ip defendant was indicted for a misdemeanor in his office as a justice of the peace of the county of Monroe, in- refusing to adjourn the trial of a cause depending before him. He was convicted; but judgment was suspended by the court of sessions of that county until the advice of this court could be °bta™ed- One Guernsey was brought before the defendant on a war-ran); issued by him in a civil suit, and applied for an adjourn- , mi . - 1 1 \ . _ . , , ment until the next day.
Cited by 2 later decisions — most recently November 1901
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1829-10-15
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¶1By the Court,
¶2The magistrate misapprehended his duty in refusing the adjournment unless his fees for drawing the bond were paid. The payment of the fees was not a condition precedent to the adjournment of the cause; and the magistrate erred in withholding from the party his right on account of the non-payment of them. We therefore advise the court of sessions to proceed to judgment.