Rogers v. Tift
New York Supreme Court
IN May term last, on the application of a judgment creditor, a feigned issue was directed in this cause, to try the validity of the judgment which had been entered up on a bond and warrant of attorney, in favor of the plaintiff against the defendant.
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IN May term last, on the application of a judgment creditor, a feigned issue was directed in this cause, to try the validity of the judgment which had been entered up on a bond and warrant of attorney, in favor of the plaintiff against the defendant. The issue was made up pursuant to the rule entered for that purpose, and was noticed for trial at the last Rensselaer circuit; but though called in its order, it was not tried, on the usual affidavit, now moved for judgment as in case of nonsuit, for not bringing the issue to trial at the circuit. read an affidavit, stating that the cause had,…
1Per curiam
This being a feigned issue directed by the court, to ascertain the truth of facts, for its own information, each party is to be deemed an actor; there can, therefore, be no nonsuit for not proceeding to trial.
Motion denied.
2Cited by2 opinions
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