Malin v. Kinney
New York Supreme Court
These causes were noticed for trial at the circuit held for Ontario, in June, 1802. The defendants attended with their witnesses, hut the plaintiff not bringing on the causes, the defendants agreed to waive taking advantage of it, provided the plaintiff would consent that the two above suits should abide the decision of a ease made in one by the same plaintiff against George Brown, which turned on the same point, and had, together with another of the same sort, been tried.
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These causes were noticed for trial at the circuit held for Ontario, in June, 1802. The defendants attended with their witnesses, hut the plaintiff not bringing on the causes, the defendants agreed to waive taking advantage of it, provided the plaintiff would consent that the two above suits should abide the decision of a ease made in one by the same plaintiff against George Brown, which turned on the same point, and had, together with another of the same sort, been tried. The plaintiff acceded to the proposition, but at the last term applied to the court to be released from Ms engagement.…
1Opinion of the Court
Per Ouriam.
The application is for judgment as in case of nonsuit, and to pay two sets of costs; those of June, *1802, and those of the last circuit. Four [*118] causes were depending: two were tried, and, after the court rose, there was a stipulation that the two causes not tried should abide the same event as those, which had been tried. An application was made in May last to be relieved ;(a) that the two causes not tried might be restored, and the plaintiff not bound by his stipulation. This was ordered, and the causes restored, as in June, 1802. If the plaintiff was relieved, the defendant was…
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- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Casey v. LeslieAppellate Division of the Supreme Court of the State of New York · 1896
- State v. Town of HamptonSuperior Court of New Hampshire · 1819
- Commonwealth v. DanielsSupreme Court of Pennsylvania · 1978
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