Mullin v. Kelly

3 How. Pr. 12

Opinion

Jewett, Justice.

Denied the motion without costs, on the ground that the Defendant’s attorneys had stipulated to admitthe Plaintiff’s cause of action as to all items, except the execution and delivery of the promissory note declared on, and to strike out Defendant’s notice of set-off. Had the Defendant’s stipulation been served or offered before the motion papers were served, the motion would have been denied with costs.