Patrick v. Hallett

New York Supreme Court

Patrick v. Hallett

2 Cai. Cas. 378, 1 Cole. & Cai. Cas. 421

DecidedFebruary 15, 1805

StatusPublished

This text of 2 Cai. Cas. 378 (Patrick v. Hallett) 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

Patrick v. Hallett, 2 Cai. Cas. 378, 1 Cole. & Cai. Cas. 421 (N.Y. Super. Ct. 1805).

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Opinion

Per Curiam.

"We have no doubt of the power of the court to nonsuit on a second trial. A plaintiff who has once tried *his cause, after which the ver-diet is set aside and a new trial awarded, is bound to try again, and again, if necessary; and if he did not, the defendant may apply for a nonsuit. But the English practice has misled, and our own has not been perfectly settled, the plaintiff may stipulate and without costs.

Motion denied on stipulating and costs.

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Per Curiam.

"We have no doubt of the power of the court to nonsuit on a second trial. A plaintiff who has once tried *his cause, after which the ver-diet is set aside and a new trial awarded, is bound to try again, and again, if necessary; and if he did not, the defendant may apply for a nonsuit. But the English practice has misled, and our own has not been perfectly settled, the plaintiff may stipulate and without costs.

Motion denied on stipulating and costs.

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Bluebook (online)

2 Cai. Cas. 378, 1 Cole. & Cai. Cas. 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-hallett-nysupct-1805.