Cathcart v. Cannon

1 Johns. Cas. 220

Opinion

Per Curiam.

The rule for the relief of thé bail, in January term, was conditional, and it . was the duty .of the defendant to have sought the plaintiff, and paid the costs to him, without waiting for a demand, or tender of a bill. He can only be relieved now, on paying instanter the costs, ordered at the last January term, and also the costs of the subsequent proceedings, and of resisting this application.