Palmer v. Green — 1 Johns. Cas. 101

Majority

p. 116

Palmer against Green.

Headnote

A justice has not power to adjourn a cause for a longer time than six days, without the consent of the parties. A plea in abatement after a plea in chief, is a nullity.-

In error on certiorari to a justice’s court. In this case several causes were assigned for error, but the following were' principally relied upon, and no other was noticed by the court.

1. That- the plaintiff in error, who was defendant below, pleaded two pleas in the action before the justice, to one of which the plaintiff below did not reply, and no issue was t’aken upon it.

2. That the justice adjourned thé trial of the cause before him* for more than six days/without Consent of the parties.

With respect to the first objection, [*102] it appears that the first plea of the defendant below was a plea in chief to the merits of the action, and the second a plea in abatement which was not answered. The plea in abatement after a plea in chief was a nullity, and not necessary to be answéred. But the second objection is fatal. A justice has no authority, by the ten pound act, to adjourn the trial beyond six days, without the consent of the parties. The defendant below did not consent, nor did he appear at the trial.^[1]

Judgment reversed.

(a) (a) Generally upon the subject of adjournment in justice’s courts: See 2 R. S. 169,170,171 ; 2 Cowen’s Treat. 3d edit. 289-309.