Jackson v. Mann
New York Supreme Court
Henry moved for judgment as in case of nonsuit for not proceeding to trial, and also for costs of the last circuit, and those formerly, ordered, on an affidavit, stating a similar motion in a former term, in which the expense of witnesses only was allowed, as the cause had been countermanded by consent; that these costs had been demanded and not paid, after which the cause was again noticed, but neither plaintiff nor his witnesses attending at the circuit, the defendant…
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Henry moved for judgment as in case of nonsuit for not proceeding to trial, and also for costs of the last circuit, and those formerly, ordered, on an affidavit, stating a similar motion in a former term, in which the expense of witnesses only was allowed, as the cause had been countermanded by consent; that these costs had been demanded and not paid, after which the cause was again noticed, but neither plaintiff nor his witnesses attending at the circuit, the defendant requested that he and his witnesses might be discharged, which, however, the plaintiff’s -attorney absolutely refused. read…
1Opinion of the Court
Per Ouriam.
The absence of the plaintiff’s witness is sufficient to induce us to refuse the application for a non suit, and even to excuse him from stipulating; but as he is in contempt for not paying the costs formerly ordered, let him pay those of the last circuit within twenty days a/ter due demand; in default thereof, the defendant to be at liberty to enter up judgment as in case of nonsuit *As to those costs, which, on the former occasion, were allowed, we do not take them into consideration the defendant having it in his power to enforce them by attachment; and, with respect to the…
2Cited by1 opinion
- Andrews v. AndrewsNew York Supreme Court · 1800