Lown v. Roose

New York Supreme Court

Lown v. Roose

6 Cow. 394

CourtNew York Supreme Court

DecidedOctober 15, 1826

StatusPublished

Cited by1 cases

This text of 6 Cow. 394 (Lown v. Roose) 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

Lown v. Roose, 6 Cow. 394 (N.Y. Super. Ct. 1826).

Pincite

Opinion

Curia.

The obligation to demand costs on the rule nisi, for judgment as in case of nonsuit, does not attach till a stipulation be actually given. Here was a delay of more than 20 days to give the stipulation. On a rule of this kind, the stipulation must be given, at least, within 20 days from the rule; and we think instanter; or the defendant may proceed and perfect his judgment of nonsuit. The motion must be denied.

Motion denied.

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Curia.

The obligation to demand costs on the rule nisi, for judgment as in case of nonsuit, does not attach till a stipulation be actually given. Here was a delay of more than 20 days to give the stipulation. On a rule of this kind, the stipulation must be given, at least, within 20 days from the rule; and we think instanter; or the defendant may proceed and perfect his judgment of nonsuit. The motion must be denied.

Motion denied.

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Bluebook (online)

6 Cow. 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lown-v-roose-nysupct-1826.

Opinion

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