Derickson v. McCardle

New York Supreme Court

Derickson v. McCardle

2 How. Pr. 196

New York Supreme Court·Decided June 15, 1846·Published·Cited by 1 cases

Opinion

Jewett, Justice.

Denied the motion with $7 costs, on the ground that it appeared McCardle did not wish to defend the suit, or to have the motion *made, and defendant’s attorney must have known it. If defendant’s attorney had been served with the written notice of countermand, signed by McCardle, before making the motion, he should have ordered him (defendant’s attorney) to pay the costs of the motion.

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Jewett, Justice.

Denied the motion with $7 costs, on the ground that it appeared McCardle did not wish to defend the suit, or to have the motion *made, and defendant’s attorney must have known it. If defendant’s attorney had been served with the written notice of countermand, signed by McCardle, before making the motion, he should have ordered him (defendant’s attorney) to pay the costs of the motion.

Derickson v. McCardle, 2 How. Pr. 196 (N.Y. Super. Ct. 1846).

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Opinion

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