1 Hilt. 514 | New York Court of Common Pleas | 1857
The appeal is not brought for relief from a judgment by default or for error of law, but for error of fact in rendering judgment before the day to which the cause was adjourned.
Tho defendant, by joining issue on the merits, waived any defect in the process by which he was brought into court. Andrews v. Thorp, 1 E. D. Smith, 615.
The parties are in conflict as to the day to which the cause was adjourned. In such a case the return of tho justice, who is a disinterested party, and who has had an opportunity of in
Judgment reversed.