Wormer v. Canovan
New York Supreme Court
This was an appeal from an order made at a Special Term, vacating a discontinuance of the action. The facts are stated in the opinion.
1Opinion of the Court
By the Court—
Mullin, P. J.
The plaintiff sued the defendant in ejectment, and during the pendency of the action and before trial the latter became insolvent. The plaintiff, by his attorney, entered into a stipulation with the defendant, that, the suit might be discontinued, without costs, and an order discontinuing the action was duly entered.
The defendant’s attorney testifies that, before the stipulation was entered, he served notice upon the plaintiff’s attorney that he forbade a settlement or discontinuance of the action until his costs were paid, on the ground that the defendant was…
2Cases cited6 opinions
- Averill v. . PattersonNew York Court of Appeals · 1853
- Shank v. . ShoemakerNew York Court of Appeals · 1859
- Talcott v. Bronson & BronsonNew York Court of Chancery · 1834
- Bedell v. PowellNew York Supreme Court · 1852
- Power v. KentNew York Supreme Court · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- Mutual Life Insurance v. CranwellNew York Supreme Court · 1890
- National Exhibition Co. v. CraneAppellate Division of the Supreme Court of the State of New York · 1900
- Trow'S Printing & Book-Binding Co. v. New York Book-Binding Co.City of New York Municipal Court · 1888
- Mutual Life Insurance v. CranwellNew York Supreme Court · 1890