General
Speidell against Fash
1 Cow. 234·New York Supreme Court·1823·NY
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Opinion
Speidell against Fash.
plaintiff’s re-^days^xcl™ sive from the summons^ a when the^6th un ay‘ A justice may, on the
Certiorari to a Justice’s Court. Fash sued Speidell by summons, returnable March 10th, 1823. The cause was ad-^0urne<^’ 011 ^le defendant’s request, to the 13th March; on which day the plaintiff’s agent making oath that a material witness was sick, the Justice adjourned to the 17th of March, being 7 days exclusive of the 1st, after the return of the process. This was on the ground that the 16th was Sunday \ and holden well.
W. II. Coleman, for the plaintiff in error.
E. McQaraghan, contra.
[MAJORITY]
Judgment affirmed.
Vid. ante 19, n. (a) Where the Justice adjourns for a longer time than is allowed by law, it is a discontinuance. (1 John. Cas. 101-2. 3 Caines, 171. 2 John. 192. 7 John. 381.)