Superior Court of Delaware, 1846

Colescott v. Bonwill

Colescott v. Bonwill
Superior Court of Delaware · Decided July 5, 1846
4 Del. 364

Counsel

Bates, for plaintiff., Smithers, for defendant., Smithers, for exceptant,

Colescott v. Bonwill

Opinion of the Court

The Court

affirmed the judgment. If the adjournment had been general to a particular day, the justice should not enter judgment by default, until the usual time of closing business for the day; but where the adjournment is to a certain hour of the day, and so made in the presence of the defendant, or with notice to him, the justice is not bound to wait beyond that hour; otherwise, all the business before him might, by the negligence of the defendants, be postponed to the last hour; when it would be impossible to hear and determine it.

Judgment affirmed.

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