Leslie v. Leslie

New York Court of Appeals

Leslie v. Leslie

10 Abb. Pr. 64

DecidedJanuary 15, 1871

StatusPublished

This text of 10 Abb. Pr. 64 (Leslie v. Leslie) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leslie v. Leslie, 10 Abb. Pr. 64 (N.Y. 1871).

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Opinion

By the Court.—Church, Ch. J.

We are all of opinion that the order appealed from must be affirmed. Under the circumstances of the case, the plaintiff had no right to determine for himself upon what terms he could discontinue and enter an ex-parte order of discontinuance on the payment of costs. The terms on which leave to withdraw his suit should be granted, are matters to be determined by the court below. We express no opinion on that subject. We merely decide that the order appealed from must be affirmed with costs.

Order affirmed, with costs.

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By the Court.—Church, Ch. J.

We are all of opinion that the order appealed from must be affirmed. Under the circumstances of the case, the plaintiff had no right to determine for himself upon what terms he could discontinue and enter an ex-parte order of discontinuance on the payment of costs. The terms on which leave to withdraw his suit should be granted, are matters to be determined by the court below. We express no opinion on that subject. We merely decide that the order appealed from must be affirmed with costs.

Order affirmed, with costs.

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Bluebook (online)

10 Abb. Pr. 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leslie-v-leslie-ny-1871.