Jackson ex dem. Livingston v. Edwards
New York Supreme Court
August 9th, 1823. This Court ordered, that all the proceedings on the part of the plaintiff stay till the lessors of the plaintiff should pay the costs in a suit in this Court, theretofore brought by.James Jackson against one Christian Brown, for the same premises. Before obtaining this rule, the present cause was noticed for trial.
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August 9th, 1823. This Court ordered, that all the proceedings on the part of the plaintiff stay till the lessors of the plaintiff should pay the costs in a suit in this Court, theretofore brought by.James Jackson against one Christian Brown, for the same premises. Before obtaining this rule, the present cause was noticed for trial. A copy of the rule was served on the plaintiff’s attorney, the lsi September last, and the plaintiff has not paid the costs, nor taken any farther steps in the cause ; nor did he countermand the notice of trial. The cause not having been tried pursuant to notice,
1Opinion of the Court
Curia.
We think it improper, under the circumstances ■of this case, to grant the rule as applied for. Here was a rule to stay proceedings till the costs of another cause were paid. The lessors of the plaintiff may elect to abandon this suit, and in such case cannot be compelled to pay those costs. We accordingly direct, that unless the lessors of the plaintiff shall, within 30 days after service of this rule, pay to the defendant the costs mentioned in the rule of the last term, and the costs of this motion, judgment of nonsuit be entered.
Rule accordingly. (b)
Ante, 138, S. C.
2Cited by2 opinions
- Lewis v. DavisNew York Court of Common Pleas · 1878
- Voullaire v. WiseAppellate Terms of the Supreme Court of New York · 1897