Legal Opinion

Ketcham v. Clark

New York Supreme Court

Decided August 15, 1809PublishedCited by 4 opinions

IN error, from the common pleas of Ulster. The writ of error in this cause was returnable on the first day of the present term. Sudara, attorney for the defendant in error, now moved, that all proceedings on the part of the plaintiff in error be stayed, until security for the costs shall be filed.

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IN error, from the common pleas of Ulster. The writ of error in this cause was returnable on the first day of the present term. Sudara, attorney for the defendant in error, now moved, that all proceedings on the part of the plaintiff in error be stayed, until security for the costs shall be filed. He read an affidavit, stating, that at the trial before the court below, the demand of the plaintiffs was reduced by a set-off of the defendant, below the sum of 25 dollars, and a verdict found, on which judgment was entered; that the plaintiffs, having become insolvent, had assigned all their…

1Per curiam

It is just, that the assignees should be responsible for the costs. The case of Webb v. Ward and another, (7 Term Rep. 296.) is in point. Security-must be given in the sum of 100 dollars.

Motion granted.

2Cited by4 opinions

  1. Schoolcraft v. LathropNew York Supreme Court · 1825
  2. Wilbur v. WhiteNew York Supreme Court · 1878
  3. Fearn v. GelpckeThe Superior Court of New York City · 1862
  4. Read v. WheelerTennessee Supreme Court · 1821

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