Gamble v. Taylor
New York Supreme Court
Motion for re-adjustment of costs, and for general relief. This action was on the calendar for trial at the June circuit, 1870, in Washington County, and was put over the circuit on defendant’s application on payment of costs. The order entered in the minutes of ihe court, was as follows.
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Motion for re-adjustment of costs, and for general relief. This action was on the calendar for trial at the June circuit, 1870, in Washington County, and was put over the circuit on defendant’s application on payment of costs. The order entered in the minutes of ihe court, was as follows. “ This cause having been moved by defendant’s attorney to be put over the term by affidavit: Ordered that said canse go over the term, on payment of costs by said defendant, to the plaintiff or her attorney, of said term, and witnesses fees.?’ The case went over the circuit on this order, and the defendant…
1Opinion of the CourtBockes, J.
—First. It is undoubtedly true, that the plaintiff might have insisted on the trial of the case at the circuit, on non-compliance by the defendant with the condition of the order. But the defendant, having taken the benefit of it, was bound afterwards to the performance of the condition. Such has been the settled rule in this state for a great number of years (19 Johns., 270; 1 Wend., 83; 2 Wend., 286; 18 . Wend., 509; 1 Denio, 631; 5 Hill, 561; 2 Sandf., 735). In the last case cited, the decisions on this subject were examined, and it was held, that when a party obtains the *377•postponement of…
2Cases cited5 opinions
- Davis v. William M. Tileston & Co.Supreme Court of the United States · 1848
- Kirby v. SissonNew York Supreme Court · 1828
- Bulkeley v. KeteltasThe Superior Court of New York City · 1850
- Jackson ex dem. Pinkney v. Pell & UnderhillNew York Supreme Court · 1822
- Slocum v. WatkinsCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- Perkins v. WhitneyNew York Supreme Court · 1890