Legal Opinion

Hewett v. Cook

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 5 opinions

Appeal by the plaintiff, Harry A. Hewett, from a judgment of' the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 1st day of February, 1902, dismissing the complaint, with notice of an intention to bring up for review upon such appeal an order of the Supreme Court,, entered in said clerk’s office on the 7th day of January, 1902, requiring the plaintiff to pay ten dollars term costs within twenty-days after entry of…

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Appeal by the plaintiff, Harry A. Hewett, from a judgment of' the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 1st day of February, 1902, dismissing the complaint, with notice of an intention to bring up for review upon such appeal an order of the Supreme Court,, entered in said clerk’s office on the 7th day of January, 1902, requiring the plaintiff to pay ten dollars term costs within twenty-days after entry of the order, and directing that, upon failure of the plaintiff to make such payment, an order be entered dismissing…

1Opinion of the Court

Chase, J.:

When a party to an action asks a favor the court, as a condition of granting the favor, may impose any reasonable terms. The terms being known, the party asking the favor may refuse to accept the favor on the terms imposed, or he may accept the favor, in which case he is bound to comply with the conditions'.

Costs of a term imposed as a condition of the postponement of a trial are payable immediately. If the costs are not paid immediately the party desiring to proceed with the trial may do so at once. When a party not only asks to have the trial of the action postponed, but also asks…

2Cited by5 opinions

  1. MacH. Printers, Etc., US v. Merrill, Etc., WorksNew Jersey Superior Court Appellate Division · 1951
  2. La Rocca v. EnchNew Jersey Superior Court Appellate Division · 1955
  3. Mattice v. ShellandAppellate Division of the Supreme Court of the State of New York · 1902
  4. Finnegan v. PENN. RR CO.New Jersey Superior Court Appellate Division · 1962
  5. Mattice v. ShellandAppellate Division of the Supreme Court of the State of New York · 1902

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