Safford v. Stevens
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The action in this case was originally commenced in the Washington common pleas by Stevens against Safford. The plaintiff declared on a special agreement, whereby the defendant, in consideration of certain goods, wares and merchandizes, delivered to him by the plaintiff, promised to pay the costs of the defence of a suit prosecuted in the supreme court by one Min Safford against the plaintiff, and which suit had been discontinued.
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Error from the supreme court. The action in this case was originally commenced in the Washington common pleas by Stevens against Safford. The plaintiff declared on a special agreement, whereby the defendant, in consideration of certain goods, wares and merchandizes, delivered to him by the plaintiff, promised to pay the costs of the defence of a suit prosecuted in the supreme court by one Min Safford against the plaintiff, and which suit had been discontinued. The declaration also contained the common money counts, On the trial of the cause in the common pleas, the plaintiff gave in evidence…
1Opinion of the Court
The Chancellor.
If the plaintiff proves all that is laid in his declaration, he ought not to be nonsuited. If the declaration is insufficient, the defendant may avail himself of the defect by demurrer; and if he succeed, he will be entitled to his costs. If he neglects to do that, he cannot avail himself of the objection at the trial, but will be put to his motion in arrest of judgment; in which case neither party will be entitled to the costs which have been unnecessarily incurred by the neglect of the defendant to bring the question of law before the court, in the first instance. (Cameron v.…
2Cited by24 opinions
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- Gregg v. ForsythSupreme Court of the United States · 1865
- Sandford v. HalseyNew York Supreme Court · 1845
- Martin v. WebbSupreme Court of Arkansas · 1843
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