Taylor v. How

New York Supreme Court

Taylor v. How

1 Wend. 34

CourtNew York Supreme Court

DecidedMay 15, 1828

StatusPublished

Cited by1 cases

This text of 1 Wend. 34 (Taylor v. How) 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

Taylor v. How, 1 Wend. 34 (N.Y. Super. Ct. 1828).

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Opinion

By the Court,

Savage, C. J.

Whether, an executor or administrator shall pay costs on a motion of this kind, depends upon the diligence used in the prosecution of the suit. (4 Cowen, 552.) The plaintiff offers as an excuse for not trying the cause at the last circuit, the absence of a material witness, but shews no diligence in procuring his attendance. The motion is granted, unless the plaintiff stipulates and pays costs.

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By the Court,

Savage, C. J.

Whether, an executor or administrator shall pay costs on a motion of this kind, depends upon the diligence used in the prosecution of the suit. (4 Cowen, 552.) The plaintiff offers as an excuse for not trying the cause at the last circuit, the absence of a material witness, but shews no diligence in procuring his attendance. The motion is granted, unless the plaintiff stipulates and pays costs.

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Bluebook (online)

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

Opinion

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