Campbell v. Grove
New York Supreme Court
Ten Broece moved to set aside the proceedings on the bail-bond in. this cause, on the ground that the plaintiff had settled with the defendant in the original cause, before the commencement of this suit, and had directed the attorney to slay proceedings, but who had, notwithstanding, proceeded.
1Per curiam
The defendant must take nothing by his motion. The attorney had no other way of compelling the payment of his costs, than by the suit on the bail-bond. Besides, the defendant has suffered such a length of time to elapse, that we would not now relieve, if there had been originally just grounds for such interference.
Rule refused.(a)(a) Grah.Prac. 2d ed. 678. Bergen et al. v. Boerum,2 Caines, 256. Clark v. Frost, 3 id. 125. Wilcox v. Howland, 6 Cowen. 576.
2Cases cited1 opinion
- Bergen v. BoerumNew York Supreme Court · 1804