Johnson v. Jackson, ex dem. Rowan
New York Supreme Court
Motion to set aside judgment. At the February term, 1828, the plaintiff was allowed to stipulate on payment of costs. On the 21st April, the costs were demanded and not paid- On the 14th May, the plaintiff at Salem, Washington county, paid the costs to the agent who had demanded the same. On the 16th May, the judgment of nonsuit was per^ecte^ by the defendant’s attorney.
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Motion to set aside judgment. At the February term, 1828, the plaintiff was allowed to stipulate on payment of costs. On the 21st April, the costs were demanded and not paid- On the 14th May, the plaintiff at Salem, Washington county, paid the costs to the agent who had demanded the same. On the 16th May, the judgment of nonsuit was per^ecte^ by the defendant’s attorney. On the 20th May, the costs were received in a letter directed to the defendant’s atiorney at Ogdensburgh, and taken out of the post-office there by a friend of the attorney, in his absence, but which the attorney refused to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The entry of the judgment as in case of nonsuit, on the 16th May, for the non-payment of the costs, the same having been paid on the 14th May, was irregular, although the defendant, on a motion to set aside such judgment, under the circumstances of the case, would have been excused from the payment of costs. The agent of the defendant’s attorney, who had demanded the costs, received and transmitted them to his principal, and they were received at Ogdensburgh on the 20th May; and though the attorney states that he had not accepted them, he omitted to give notice to…
2Cited by1 opinion
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