Jacobs v. Hooker

That makes no difference. The risk of miscarriage falls upon him to whom the paper was directed. The rule says that such a service shall be a good one; and of necessity, therefore, the risk must be with the party to whom it is sent. Both judgments were irregular and must be set aside; but without costs. We allow no costs on motions, unless the motions are rendered necessary for the attainment of some substantial right in the cause; except sometimes we may allow them by way of punishment. My only doubt is whether I ought not to charge the defendant with the costs of setting aside his judgment.…