Potter v. Lewis
New York Supreme Court
This was a motion for judgment as in case of nonsuit in an action of replevin, where the plaintiff noticed the cause for trial and neglected to try it. The defendant also asked for such other rule or order as the court should think fit to grant.
1Opinion of the Court
By the Court.
[520] [521] When an action of replevin is not noticed, for trial, the defendant may move for judgment as in case of nonsuit. (2 R. S. 530, § 46.) But when it is noticed and the plaintiff neglects to bring the cause to trial, the defendant cannot move for judgment as in case of nonsuit, but may move for costs against the plaintiff. (Poltz v. Curtis, 9 Wendell, 497.) (a) The notice here is *274broad enough to entitle the defendant to ask for such rule, but as the plaintiff appears to have misapprehended the practice, the defendant is directed to renew the motion, so as to give the…
2Cases cited2 opinions
- Poltz v. CurtisNew York Supreme Court · 1833
- Forrester v. BarretNew York Supreme Court · 1800