Harden v. Hardick

New York Supreme Court

Harden v. Hardick

2 Hill & Den. 384

DecidedJanuary 15, 1842

StatusPublished

This text of 2 Hill & Den. 384 (Harden v. Hardick) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harden v. Hardick, 2 Hill & Den. 384 (N.Y. Super. Ct. 1842).

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Opinion

By the Court,

Nelson, Ch. J.

The defendant is only entitled to such costs as had accrued at the time notice of discontinuance was received. If not paid on taxation, he may proceed in the cause the same as if no rule to discontinue were ever entered; (McKenster v. Van Zandt, 1 Wend. 13; Grah. Prac. 604, 2d ed.;) for in such case the rule may be treated as a nullity. (Id. ibid. Leonard v. Slaughter, 10 John. R. 367; Robinson v. Taylor, 12 Wend. 191.)

Motion granted.

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By the Court,

Nelson, Ch. J.

The defendant is only entitled to such costs as had accrued at the time notice of discontinuance was received. If not paid on taxation, he may proceed in the cause the same as if no rule to discontinue were ever entered; (McKenster v. Van Zandt, 1 Wend. 13; Grah. Prac. 604, 2d ed.;) for in such case the rule may be treated as a nullity. (Id. ibid. Leonard v. Slaughter, 10 John. R. 367; Robinson v. Taylor, 12 Wend. 191.)

Motion granted.

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Bluebook (online)

2 Hill & Den. 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harden-v-hardick-nysupct-1842.

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