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Smith v. Sutts

2 Johns. 9
CourtNew York Supreme Court
DecidedNovember 15, 1806
StatusPublished
Cited by5 cases

This text of 2 Johns. 9 (Smith v. Sutts) 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
Smith v. Sutts, 2 Johns. 9 (N.Y. Super. Ct. 1806).

Opinion

PerCuriam.

Thére being a default of jurors, the plaintiÉT below, required a.venire de novo; the justice declined granting it, and nonsuited the plaintiff, on the ground of his default in not paying a tales de circumstantibus, and also adjudged costs against'him. The non-suit was compulsory, and the plaintiff below is aggrieved by the costs. If a party be nonsuited, and a judgment be given against him for costs, error lies. The' judgment must be reversed.

Judgment reversed,.

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1 Cow. 84 (New York Supreme Court, 1823)

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Bluebook (online)
2 Johns. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-sutts-nysupct-1806.