Baldwin v. Carter

Headnote

WhereinajM lice’s court the causehas been adjourned to a future day, at when the del pears”but t& does «otamíve until ándito about ítes“ií follow" tiffandtiiede" fendantonseeing the plaintiff goes away declaring that the cause is aithoug hap-prized by the justice that he should call it immediate); lay not, under the circumstances of the case, amount to a discontinuance, and a Jv, the delay does judgment rendered for the plaintiff on an zaparte hearing, will not be set aside, as the defendant must be deemed to have voluntarily abandoned parte hearin l the cause.

IN ERROR, on certiorari to a justice’s court.

The defendant in error brought an action in the court be-o low against the plaintiff in error, in which, after issue joined, the cause was adjourned too future day, at two o’clock in the afternoon. The defendant below appeared at the time, but the justice did not come until three o’clock, or a little after, when, the plaintiifbelow not having arrived, the defendant urged the justice to call the cause. The justice, however, delayed un- ^ about twenty minutes after three, at which time the plai'n- ^ appeared, and the defendant, on seeing him, went away, declaring that the cause was out of court, by reason of the ° . , " delay, although the justice apprized him that he should cal l the cause immediately. The trial proceeded) and verdict and judgment were given for the plaintiff below.