Lackey v. M'Donald
New York Supreme Court
The plaintiffs, in July, 1802, had stipulated to try this cause at the next circuit court, and did not do so.
1Per curiam
The opinion of the court is, that sufficient has been shown to prevent the judgment of nonsuit. The defendant has by his own act deprived the plaintiffs of that ^remedy which they might have had [*117] against his person; his body is out of their reach, and that by his own act. It is not, therefore, necessary that they should proceed and incur expenses for nothing, as there is not any property from whence they can be reimbursed. The plaintiffs, therefore, are entitled to discontinue, and without costs.(a)
Motion granted.
Radcliff and Livingston, Justices, absent.
In civil cases, the principle of…
2Cited by6 opinions
- Honeywell v. BurnsNew York Supreme Court · 1828
- Beardsley v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1900
- Jones v. KnaussNew Jersey Court of Chancery · 1879
- Park v. MooreCourt for the Trial of Impeachments and Correction of Errors · 1843
- Pennell v. WilsonThe Superior Court of New York City · 1867
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