Legal Opinion
Phœnix v. Hill
New York Supreme Court
Decided May 15, 1808PublishedCited by 5 opinions
THIS was an action brought on a decree of a court in Scotland. The writ was returned at the November term in 1806, and the defendant was discharged on common bail, the plaintiff not being able to show a sufficient cause of action. A rule was afterwards entered for the plaintiff to declare, and he now applied for leave to discontinue without payment of costs.
1Per curiam
There is no evidence that the administrator, knowingly, brought a wrong action, and we are not to presume it. We are, therefore, of opinion that he ought to be allowed to discontinue without the payment of costs.
Rule granted.
2Cited by5 opinions
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