
    Townsend against Lee.
    ALBANY,
    August, 1808.
    Where a jusadjourned°aC< cause for three months, at the request of a „otty gnmt a*a second ad-the^equest of the same party.
    ON certiorari. After issue joined between the parties before the justice, the defendant requested an adjournment of the trial, for three months, on account of . , „ • , - . , the absence oí a material witness m Vermont, which was granted. The parties appeared on the day appointed, and the defendant requested a further - adjournment of the trial, on account of the absence of the same witness, The justice required the defendant to state what he expected to prove by the witness; and the justice being of opinion that it was not material, refused to adjourn the trial a second time. The jury found a verdict for the plaintiff below, for 25 dollars.
    
      
      Richardson, for the plaintiff in error.
    
      E. Williams, contra.
   Per Curiam.

The justice having once adjourned the cause for three months, at the request of the defendant, he could not, afterwards, grant a second adjournment, at the request of the same party.

In the case of Easton v. Coe, (2 Johnson, 383.) the first adjournment was with the consent of the parties, and not fay order of the justice. The judgment must be affirmed.

Judgment affirmed.  