Howard & Ryckman v. McKnight

25 Wend. 688

Opinion

By the Court,

Nelson, C. J.

The motion is irregular. The defendant should have demanded the costs as taxed, and if not paid, might have made this motion. 6 Wendell, 522. Unless the plaintiffs, however, pay the amount of the taxed bill, deduciing the costs of opposing this motion, let judgment as in case of nonsuit, be entered.

Ordered accordingly.