7 N.Y.S. 243 | N.Y. Sup. Ct. | 1889
Two days after he issued the summons in this action, the justice, who was an attorney at law, accepted a retainer from the plaintiff to bring an action for him in the supreme court, and proceeded to do so. It was the first time he had ever been employed as an attorney by the plaintiff. He was acting in that capacity when this action was tried. The defendant, having learned of the relation existing between his adversary and the court after the joining of issue, filed an affidavit of the facts on the adjourned day, and asked that the action be dismissed for that reason. The motion was denied, •and the justice tried and rendered judgment in the action. It is said that the