Barr v. Chaytor

Headnote

A justice of the peace cannot adjourn a cause indefinitely, but only to a day certain,

CERTIORARI.

Record. “George W. Chaytor vs. John H. Barr. Action on ac-| count for medicine and attendance for one of the crew of the Ceres,| $5. Summons; the defendant appears and denies the plaintiff’s de mand; and asks for an adjournment to the 14th instant, which i granted.” September 14th, 1841, the parties attend, and “after hear ing their allegations the matter is continued under advisement, wit! liberty to the parties severally to produce further testimony at an time they may deem proper.” July 5th, 1842, further hearing irj presence of both parties, and continued under advisement. July 8th 1842, the plaintiff having been sworn in due form of law, viz: “tha this account against John H. Barr is just and true as it stands stated and that nothing had been paid or delivered towards satisfaction o said debt.” Judgment against the defendant for $5 debt and 5 cents costs.

Exceptions — 1st. That the first adjournment was for more thail thirty days. 2d. That the second adjourtment was for an indefinit time. 3d. Because the justice had no authority to administer sue' an oath to the plaintiff in support of his claim. 4th. The judgmen should have been a judgment by default, on hearing the proofs an allegations of the plaintiff, and not a judgment upon a hearing o| both sides. 5th. Because the judgment was founded on the oath o the plaintiff. (*>th. Because the judgment was rendered on a day t which the cause did not stand adjourned.

The court reversed the judgment on the third, fifth and sixth e ceptions.