Thompson v. Jackson, ex. dem. Thompson

New York Supreme Court

Thompson v. Jackson, ex. dem. Thompson

1 Wend. 76

CourtNew York Supreme Court

DecidedAugust 15, 1828

StatusPublished

Cited by1 cases

This text of 1 Wend. 76 (Thompson v. Jackson, ex. dem. Thompson) 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

Thompson v. Jackson, ex. dem. Thompson, 1 Wend. 76 (N.Y. Super. Ct. 1828).

Pincite

Opinion

By the Court,

Savage, Ch. J.

The excuse offered, and the

fact that the defendants and their witnesses had not departed court, would have authorized the vacatur of the rule of ne recipiatur. The defendant was entitled to the rule when he obtained it; but having elected to retain it, and refusing to permit the plaintiff to try his cause, he is not entitled to the effect of his motion. It is therefore denied, the costs to abide the event of the suit.

Sutherland, J.

intimated that hereafter, should a like case arise, the court would impose costs upon the defendant.

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