Jackson ex dem. Livingston v. Edwards

New York Supreme Court

Jackson ex dem. Livingston v. Edwards

1 Cow. 596

CourtNew York Supreme Court

DecidedOctober 15, 1823

StatusPublished

Cited by2 cases

This text of 1 Cow. 596 (Jackson ex dem. Livingston v. Edwards) 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

Jackson ex dem. Livingston v. Edwards, 1 Cow. 596 (N.Y. Super. Ct. 1823).

Pincite

Opinion

Curia.

We think it improper, under the circumstances ■of this case, to grant the rule as applied for. Here was a rule to stay proceedings till the costs of another cause were paid. The lessors of the plaintiff may elect to abandon this suit, and in such case cannot be compelled to pay those costs. We accordingly direct, that unless the lessors of the plaintiff shall, within 30 days after service of this rule, pay to the defendant the costs mentioned in the rule of the last term, and the costs of this motion, judgment of nonsuit be entered.

Rule accordingly.

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Curia.

We think it improper, under the circumstances ■of this case, to grant the rule as applied for. Here was a rule to stay proceedings till the costs of another cause were paid. The lessors of the plaintiff may elect to abandon this suit, and in such case cannot be compelled to pay those costs. We accordingly direct, that unless the lessors of the plaintiff shall, within 30 days after service of this rule, pay to the defendant the costs mentioned in the rule of the last term, and the costs of this motion, judgment of nonsuit be entered.

Rule accordingly.

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Bluebook (online)

1 Cow. 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-livingston-v-edwards-nysupct-1823.

Opinion

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