Jackson ex dem. Pinkney v. Pell & Underhill
New York Supreme Court
THIS cause was noticed for trial at the last Westchester circuit. When the cause was called on, it was put off on motion of the defendants’ counsel, on the ground of the absence °f a material witness, upon payment of costs. The costs were, afterwards, regularly taxed, and payment of the 3 70 J 7 * J bill'demanded of the defendants’ attorney, who refused to J ’ nay it. No demand oí payment was made of the defendants#
1Per curiam
This case is sui generis, and distinguishable from the ordinary case, where a party is ordered to pay costs. The defendant asked for a favour, which was granted to him, upon the payment of costs. That was the condition on which the trial of the cause was put off; and it ought to have been, performed by the defendant, without any previous demand or request of the plaintiff. The costs ought to have been paid instanter ; and it was the duty of the defendant to seek the plaintiff, and tender the costs, without waiting for a formal demand of them. The costs were regularly taxed, and payment of the…
2Cited by1 opinion
- Gamble v. TaylorNew York Supreme Court · 1872