New York Supreme Court, 1846

Faulkner v. Mayor & Common Council

Faulkner v. Mayor & Common Council
New York Supreme Court · Decided April 15, 1846 · Beardsley
2 How. Pr. 150

Counsel

,J. M. Van Cott, defendants’ counsel and attorney., M. T. Reynolds, plaintiff's counsel., E. L. Fancher, plaintiff's attorney.

Faulkner v. Mayor & Common Council

Opinion of the Court

Beardsley, Justice.

Set aside the inquest and referred the cause, costs to abide the event, as it was a new point, and held that it would be well, and indeed ought to be done, in cases where there is a notice of trial served for a subsequent circuit before the close of the circuit at which the caüse has already been noticed and put upon the calendar, to insert in the *notice a reservation, to the effect that in case the cause is not tried at the present circuit; such instances would frequently occur, probably, in the city of New-York, where the circuits come near together.

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