Seers v. Grandy

New York Supreme Court

Seers v. Grandy

1 Johns. 514

DecidedAugust 15, 1806

StatusPublished

This text of 1 Johns. 514 (Seers v. Grandy) 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

Seers v. Grandy, 1 Johns. 514 (N.Y. Super. Ct. 1806).

Pincite

Opinion

Per Curiam.

The refusal to admit the defendant’s attorney to make affidavit of the absence of a material witness, as the ground for requesting an adjournment of the cause, was a denial of right; for in certain cases, where the defendant himself does not appear, his attorney may make such affidavit, especially, when no reason is alleged against it. The defence on the merits, afterwards, was no waiver of the defendant’s right to an adjournment. For this reason,, we are of opinion, that the judgment below ought to be reversed.

Judgment reversed.

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Per Curiam.

The refusal to admit the defendant’s attorney to make affidavit of the absence of a material witness, as the ground for requesting an adjournment of the cause, was a denial of right; for in certain cases, where the defendant himself does not appear, his attorney may make such affidavit, especially, when no reason is alleged against it. The defence on the merits, afterwards, was no waiver of the defendant’s right to an adjournment. For this reason,, we are of opinion, that the judgment below ought to be reversed.

Judgment reversed.

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Bluebook (online)

1 Johns. 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seers-v-grandy-nysupct-1806.