Burbanks Hardware Co. v. Henkel

78 N.Y.S. 365
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 12, 1902
StatusPublished
Cited by1 cases

This text of 78 N.Y.S. 365 (Burbanks Hardware Co. v. Henkel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burbanks Hardware Co. v. Henkel, 78 N.Y.S. 365 (N.Y. Ct. App. 1902).

Opinion

KELLOGG, J.

The judgment of the county court, reversing the judgment of the justice court, must be affirmed. The record shows that after defendant had withdrawn from the case, and in his absence, the trial of the case was, on the application of the plaintiff, three times adjourned, and on the third adjourned day the trial proceeded in the absence of defendant. Such unauthorized adjournments ousted the justice of his jurisdiction. Crisp v. Rice, 83 Hun, 465, 31 N. Y. Supp. 908; Morris v. Hays, 14 App. Div. 8, 43 N. Y. Supp. 639.

On the return day of the summons, defendant offered to prove that the summons and other papers were not served upon him, and that the constable’s return in that respect is incorrect. The offer was by the [366]*366justice refused, no objection being made to the form of the offer or the character of proof offered. This must be deemed a decision by the justice of the peace that proof could not be entertained to impeach the constable’s return. This was also a reversible error.

Judgment of the county court affirmed, with costs. All concur; CHASE, J., on ground last stated.

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Related

Long Branch Pier Co. v. Crossley
84 N.Y.S. 227 (New York Supreme Court, 1903)

Cite This Page — Counsel Stack

Bluebook (online)
78 N.Y.S. 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burbanks-hardware-co-v-henkel-nyappdiv-1902.