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Anonymous

2 Cai. 246 Court N.Y. Sup. Ct. English

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Majority

p. 246
Anonymous.

Headnote

Being a public officer affords no excuse for not going to trial, nor does his cause acquire any preference.

It was ruled that the causes in which public officers, such, as the attorney-general, district attorney, and the like, are concerned, have no preference at the sittings or circuits; nor will such circumstance afford an excuse for not going to trial according to notice, or a reason to refuse judgment of nonsuit;, it being the duty of public officers to provide other counsel when they cannot themselves attend; and if they do not, it is at their peril.