Legal Opinion
McGlade v. Wheaton
New York Supreme Court
Decided May 15, 1828PublishedCited by 1 opinion
Motion for judgment as in case of nonsuit. The excuse offered by the plaintiff for not trying the cause is, that the defendant is insolvent,
1Opinion of the Court
By the Court,
Savage, C. J.
The excuse is insufficient, and the motion must be granted, unless the plaintiff stipulates to try the cause at the next circuit, and pays costs of this motion. The poverty of the defendant will not relieve the plaintiff from stipulating, unless the defendant has asked for and obtained a discharge under the insolvent laios; in which case, the plaintiff is allowed to discontinue without costs, otherwise not.
2Cited by1 opinion
- Class Journal Co. v. Valveless Inner Tube Co.Appellate Terms of the Supreme Court of New York · 1914