¶1That makes no difference. The risk of miscarriage falls upon him to whom the paper was directed. The rule says that such a service shall be a good one; and of necessity, therefore, the risk must be with the party to whom it is sent. Both judgments were irregular and must be set aside; but without costs. We allow no costs on motions, unless the motions are rendered necessary for the attainment of some substantial right in the cause; except sometimes we may allow them by way of punishment. My only doubt is whether I ought not to charge the defendant with the costs of setting aside his judgment. When he received the costs of the circuit after the stipulation, he knew why they were paid, and that was enough to put him on inquiry. He ought not, after that, to have perfected the judgment. I will allow the costs of the motion to set aside that judgment to abide the event. No other costs of these motions, either way, will be allowed.
1 Barb. 71
Jacobs v. Hooker
Decided September 27, 1847
New York Supreme Court · decided 1847-09-27
<p>Where papers are served by mail, in the manner directed by the rules, the risk of miscarriage is with the party to whom they are directed.</p> <p>No costs are allowed on motions, unless such motions are necessary, for the attainment of some substantial right in the cause; except they are awarded by way of punishment.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1847-09-27
How this case has been cited
Cited by 7 later decisions — most recently July 1970
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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