Frey v. Shadbolt Manufacturing Co.

Appellate Terms of the Supreme Court of New York

Frey v. Shadbolt Manufacturing Co.

145 N.Y.S. 48

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 30, 1913

StatusPublished

This text of 145 N.Y.S. 48 (Frey v. Shadbolt Manufacturing Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frey v. Shadbolt Manufacturing Co., 145 N.Y.S. 48 (N.Y. Ct. App. 1913).

Pincite

Opinion

BIJUR, J.

It sufficiently appears that plaintiff’s counsel was ill when the case was called' for trial, and that an appropriate affidavit to that effect was presented to the trial court, with an application for an adjournment. The adjournment having been refused, plaintiff appeared'in person without counsel. The case was virtually tried by the court below.

As plaintiff was entitled to an adjournment, the judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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BIJUR, J.

It sufficiently appears that plaintiff’s counsel was ill when the case was called' for trial, and that an appropriate affidavit to that effect was presented to the trial court, with an application for an adjournment. The adjournment having been refused, plaintiff appeared'in person without counsel. The case was virtually tried by the court below.

As plaintiff was entitled to an adjournment, the judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

145 N.Y.S. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frey-v-shadbolt-manufacturing-co-nyappterm-1913.