New York Supreme Court, 1833

Smith v. Prior

Smith v. Prior
New York Supreme Court · Decided April 15, 1833 · Savage
9 Wend. 498
Smith v. Prior

Opinion of the Court

By the Court,

Savage, Ch. J.

The defendants should have accepted the plaintiff’s offer, and were bound to do so, unless ■. it was impossible for them to have prepared for trial on short notice. This is not even now offered as an excuse, and we *499cannot but perceive that the sole object of the defendants is delay. This motion therefore is denied, and such will be our order in all similar cases.

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