Steel v. Bates
Steel v. Bates
Opinion of the Court
After argument, the opinion of the Court was delivered by
Were we confined as strictly to the paragraph in the 5 th section of the act of 1803, as contended for by the counsel for the plaintiff, we should be under the necessity of extending it to this case. But the whole section is to be taken together, in order to give a true construction to that part intended to be applied here. It is “ That no court shall be appointed to be hold- “ en before a justice of the peace, for the trial of any civil cause “ or action, at an earlier hour than nine in the forenoon, nor at a “ later than six in the afternoon ; nor shall any default be taken “ until two hours after the time set for trial. Ñor shall any plain- !£ tiff be suffered to enter his action after the expiration of two “■hours from the time set in his writ for trial, unless by the con- “ sent of the defendant, which consent shall be entered on the “records of said justice.” Statutes are to be construed according to their obvious meaning; and surely no one can read this section and not say, that in point of time, it is intended to apply ex-
The Court are not authorized to extend the provisions of this act to adjourned causes $ therefore, the judgment of the county court must be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- James Steel v. Sylvanus Bates
- Cited By
- 2 cases
- Status
- Published