Southerland v. Sheffield
New York Supreme Court
Motion to set aside proceedings for irregularity. This is an action on a bail bond. At the last February term, viz. on the 6th March, a rule was granted setting aside the proceedings in this cause, upon the payment of the plaintiff’s costs of suit, and of the motion, and putting in and justifying bail in the original action within twenty days, giving eight days notice of justification.
Read the full summary
Motion to set aside proceedings for irregularity. This is an action on a bail bond. At the last February term, viz. on the 6th March, a rule was granted setting aside the proceedings in this cause, upon the payment of the plaintiff’s costs of suit, and of the motion, and putting in and justifying bail in the original action within twenty days, giving eight days notice of justification. On the 18th March, notice of the rule was served on the plaintiff’s attorney, and the costs offered to be paid on a taxed bill being presented. The attorney for the plaintiff demanded a sum in gross, but…
1Opinion of the Court
By the Court, Savage, C. J.
The proceedings must be set aside, with costs to be paid by the plaintiff. The defendant was not bound to pay the costs ordered by the rule of February term until they were taxed ; and the justification at the time and place appointed, although before an officer other than the one named in the notice, was good, especially as there is no allegation of the plaintiff having been misled.
Motion granted.
2Cited by3 opinions
- Hoadley v. CuylerNew York Supreme Court · 1833
- Conners v. OsbornWisconsin Supreme Court · 1856
- Stansbury v. DurellNew York Supreme Court · 1800