Hallet v. Cotton

Decided April 15, 1803

New York Supreme Court · decided 1803-04-15

THIS cause was tried at the sittings after January term last, when the jury found a verdict for the plaintiff for 866 dollars 20 cents. The defendant obtained a judge’s order for a stay of further proceedings, until the next term, for the purpose of then moving for a new trial.

Decided 1803-04-15

Per Curiam.

¶1The practice of the mayor’s court, in obliging the amount of the verdict to be brought into court on a motion for a new trial, has never been *153adopted here. The insolvency bf the bail,* is certainly hot a sufficient ground to induce us to make such an order; and a copy of the affirmation, respecting the defendant’s circumstances* has never been served on him ; of that, therefore, we can take no notice.† But, let it be understood, we do not mean to say, that had it been otherwise, we would have , , . granted the motion.

¶2Rule refused.

¶3See Gillespie ads. Pfister and M'Comb,ante, p. 120.

¶4Card ads-Fitzroy and on. ante, p. 69. See also Grove ads. that supplementary affibut those in answer, can"eived,6