Bulkeley v. Keteltas
The Superior Court of New York City
At the June term in 1849, on this cause being called for trial in its order on the calendar, it was postponed to the next trial term on the plaintiff’s application, on payment of costs. The costs were not paid during the term, nor subsequently. The defendants, who appeared separately, afterwards, without any motion or direction of the court, entered an order in favor of each, requiring the plaintiff to pay to each the costs of the term.
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At the June term in 1849, on this cause being called for trial in its order on the calendar, it was postponed to the next trial term on the plaintiff’s application, on payment of costs. The costs were not paid during the term, nor subsequently. The defendants, who appeared separately, afterwards, without any motion or direction of the court, entered an order in favor of each, requiring the plaintiff to pay to each the costs of the term. At the December term 1849, the cause was tried and the plaintiff recovered a verdict against all of the defendants. The defendants claimed on adjusting the…
1Opinion of the CourtMason, J.
The only rule granted by the court, on the plaintiffs application to put off the trial, was the usual rule in such cases, that the cause go off on payment of the costs of the term by the plaintiff. These costs were payable instanter, their payment being the condition on which the trial was put off; and if they were not paid, the court would have allowed the defendants, if they had themselves noticed the cause as they may do under the code, to have brought it on for trial. The defendants *736however might have waived this right to proceed, and the court would then on application, have made a rule…
2Cases cited2 opinions
- Kirby v. SissonNew York Supreme Court · 1828
- Mix v. BrisbanNew York Supreme Court · 1829
3Cited by1 opinion
- Gamble v. TaylorNew York Supreme Court · 1872