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Amazon's description:
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: …Court that the attorney, who was to try the case was not present and requested a few minutes' time, until he telephoned for him. Mr. Justice Erlanger granted such request and said that he would wait a few moments before forcing the case to trial. In the meantime, another case was sent in before Mr. Justice Erlanger for trial and such other case was taken up before this case and disposed of in about one half hour. Mr. Justice Erlanger then called the above case for trial. Mr. Burke, representing the defendants, then for the first time, applied for an adjournment, claiming that it was impossible to subpoena the defendant, Peter Kennedy, as a witness, notwithstanding the fact, that the defendants knew at 9.30 A. M. on that morning that Kennedy would not be in Court, and did not urge such excuse in Part XIV. The plaintiff had all her witnesses in Court and was ready to try this case. The defendants on the other hand, had no witnesses in Court and were not ready to try the case, and, as an after thought, sought to escape by claiming they could not subpoena the defendant as a witness. A jury was impanelled and the plaintiff prosent. ed her proof to the Court and Mr. Justice Erlanger directed the Jury to find a verdict in favor of the plaintiff. During the greater part of this time, the defendants' counsel was in Court room and listened to the testimony. The defendants then moved to open their alleged default, which motion was heard and granted by Hon. Peter A. Hendrick, upon payment of $10 costs, from which order this appeal is taken. POINTS. ONE. There having been no default on the part of the defendants, the motion to open their alleged default should have been denied. Where an application for an adjournment is made to the Justice holding…