4 Johns. 117
Decided February 15, 1809
New York Supreme Court · decided 1809-02-15
THIS case arose on a certiorari, and was submitted to the court without argument. The return of the justice stated, that Wiest the defendant below, was summoned to appear before him at the house of Griffin Ransam, to answer to the plaintiff below, (Critsinger). That on the day appointed to appear, the justice could not attend, and sent a note, but ■without signing it, to the house of Ransam; adjourning the court to the 7th of November following.
Good law ✅— No negative treatment on recordhow we know
Decided 1809-02-15
Cited by 3 later decisions — most recently August 1961
2 state decisions
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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¶1An adjournment made by the justice, absent from the place where the court was appointed to be held, and in the absence of the parties, and by a note in writing without his signature, was clearly not an adjournment of which the parties were bound to take notice.
¶2The cause was, consequently, discontinued and out of court. The subsequent proceeding was null, and the judgment must be reversed.
¶3Judgment reversed»