Dauchy v. Allen
New York Supreme Court
The issue joined in this cause was referred for trial to Hiram P. Hunt, Esq., of Troy, as sole re- feree. The Plaintiffs’ attorney resided at Troy, and the Defendant’s attorney at Whitehall, Washington county, about seventy miles distant. The cause was duly noticed for hearing before the referee at Troy, for 16th of December, 1847, at 10 A. M. The Defendant’s attorneys issued subpoenas which were served, and employed counsel at Troy, to try the cause.
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The issue joined in this cause was referred for trial to Hiram P. Hunt, Esq., of Troy, as sole re- feree. The Plaintiffs’ attorney resided at Troy, and the Defendant’s attorney at Whitehall, Washington county, about seventy miles distant. The cause was duly noticed for hearing before the referee at Troy, for 16th of December, 1847, at 10 A. M. The Defendant’s attorneys issued subpoenas which were served, and employed counsel at Troy, to try the cause. On the 15th of December, Defendant’s attorney received a notice of .countermand, mailed at Troy on the 14th of December, in which the…
1Opinion of the Court
Parker, Justice.
It is clearly equitable that the Plaintiffs should pay the costs to which the Defendant was subjected, in consequence of the hearing being noticed for the 16th of December. I do not find that the question here presented has been expressly decided- but there are analogous cases reported, which, I think, recognize fully the principle.
In Butler v. Kelsey, (14 John. 842,) a default was entered for want of , a plea in an action for slander. The Plaintiff gave notice of executing a writ of inquiry of damages, before the sheriff', and the Defendant attended at the time and place…
2Cases cited2 opinions
- Mix v. BrisbanNew York Supreme Court · 1829
- Hart v. WoodNew York Supreme Court · 1831