Jackson v. Brown

Decided August 15, 1803

New York Supreme Court · decided 1803-08-15

<p>The sudden indisposition of counsel and attorney, is an excuse for not proceeding to trial, but will not exempt from costs.</p>

Decided 1803-08-15

Per Curiam.

¶1The excuse is sufficient to prevent granting the judgment applied for,(a) but the plaintiff must pay the costs of not proceeding to trial. It was a misfortune, it is true, that the parties should have been afflicted with sickness, but it is a misfortune that ought not to fall on the defendant.

¶2Motion denied on paying costs.

¶3Lewis, Ch. J., absent.

¶4 Rogers r. Harrison, 2 Caines’ Rep. 379. Steinbach v. Hallett, 1 Johns Rep. 141.