Myer v. Fisher

New York Supreme Court

Myer v. Fisher

15 Johns. 504

CourtNew York Supreme Court

DecidedOctober 15, 1818

StatusPublished

Cited by1 cases

This text of 15 Johns. 504 (Myer v. Fisher) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myer v. Fisher, 15 Johns. 504 (N.Y. Super. Ct. 1818).

Pincite

Opinion

Per Curiam.

The judgment must be affirmed. The cons[505]*505ent of the defendant below to the delay, takes away all ground of complaint. It is evident that he wilfully absented himself, after being apprized that the cause would be called on to trial. The delay here is fully and satisfactorily accounted for; and if the defendant has sustained any injury, it has been occasioned by his own fault or folly, and does not come within the principle which has governed any of the cases, in which it has been held that the cause was out of court, in consequence of the delay of the trial.

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Per Curiam.

The judgment must be affirmed. The cons[505]*505ent of the defendant below to the delay, takes away all ground of complaint. It is evident that he wilfully absented himself, after being apprized that the cause would be called on to trial. The delay here is fully and satisfactorily accounted for; and if the defendant has sustained any injury, it has been occasioned by his own fault or folly, and does not come within the principle which has governed any of the cases, in which it has been held that the cause was out of court, in consequence of the delay of the trial.

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Bluebook (online)

15 Johns. 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myer-v-fisher-nysupct-1818.

Opinion

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