¶2The recorder had no authority to make the order. Application should have been made to this court, Sudam v. Swart, 20 Johns. R. 476, or to the referees on the day appointed for the hearing, they having the right to adjourn the same from time to time as may be necessary. 2 R. S. 384, § 43. The order must be vacated, and the defendant must pay the costs of the plaintiffs for preparing for the hearing; he should have ascertained the absence of his witness and given notice of the fact, so as to have prevented the plaintiff from incurring unnecessary expense, and he must pay the costs of this motion.
6 Wend. 552
Grahams v. Morton
Decided August 10, 1831
New York Supreme Court · decided 1831-08-10
Motion to vacate order. This cause ivas referred on the 9th June, and noticed for hearing before the referees on the 7ill July, on which day the defendant, on an affidavit that a material witness was absent, and would probably be absent for three months, obtained an order from the recorder of Nevv-York postponing the hearing until the 7th October next.
Cited by 2 later decisions — most recently July 1842
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1831-08-10
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