Steele v. Mott

New York Supreme Court

Steele v. Mott

20 Wend. 679

DecidedDecember 15, 1839

StatusPublished

This text of 20 Wend. 679 (Steele v. Mott) 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

Steele v. Mott, 20 Wend. 679 (N.Y. Super. Ct. 1839).

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Opinion

By the Courts Bronson, J.

The defendant has, already, a stipulation that this cause shall be tried at the next circuit, and the default at the last is fully excused. The plaintiff is not liable for costs until he is dispaupered. 1 Bos. & Pull. 39. 2 Stra. 1121. 3 Wils. 24. Our statute has not given a different rule. 2 R. S. 445, § 5. Should the plaintiff be guilty of improper conduct in the prosecution of the suit, or of any wilful or unnecessary delay, the order allowing him to sue as a poor person will be annulled on motion, and he will then be liable to costs in the same manner as though the order had never been made.

Motion denied.

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By the Courts Bronson, J.

The defendant has, already, a stipulation that this cause shall be tried at the next circuit, and the default at the last is fully excused. The plaintiff is not liable for costs until he is dispaupered. 1 Bos. & Pull. 39. 2 Stra. 1121. 3 Wils. 24. Our statute has not given a different rule. 2 R. S. 445, § 5. Should the plaintiff be guilty of improper conduct in the prosecution of the suit, or of any wilful or unnecessary delay, the order allowing him to sue as a poor person will be annulled on motion, and he will then be liable to costs in the same manner as though the order had never been made.

Motion denied.

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Bluebook (online)

20 Wend. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-mott-nysupct-1839.