McGlade v. Wheaton

New York Supreme Court

McGlade v. Wheaton

1 Wend. 34

CourtNew York Supreme Court

DecidedMay 15, 1828

StatusPublished

Cited by1 cases

This text of 1 Wend. 34 (McGlade v. Wheaton) 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

McGlade v. Wheaton, 1 Wend. 34 (N.Y. Super. Ct. 1828).

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Opinion

By the Court,

Savage, C. J.

The excuse is insufficient, and the motion must be granted, unless the plaintiff stipulates to try the cause at the next circuit, and pays costs of this motion. The poverty of the defendant will not relieve the plaintiff from stipulating, unless the defendant has asked for and obtained a discharge under the insolvent laios; in which case, the plaintiff is allowed to discontinue without costs, otherwise not.

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By the Court,

Savage, C. J.

The excuse is insufficient, and the motion must be granted, unless the plaintiff stipulates to try the cause at the next circuit, and pays costs of this motion. The poverty of the defendant will not relieve the plaintiff from stipulating, unless the defendant has asked for and obtained a discharge under the insolvent laios; in which case, the plaintiff is allowed to discontinue without costs, otherwise not.

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Bluebook (online)

1 Wend. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcglade-v-wheaton-nysupct-1828.

Opinion

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