¶1Decision.—Ordered that motion be granted so far as to permit defendant’s attorneys on payment of costs of trial or inquest, and subsequent proceedings, if any, and costs of opposing motion, to- be heard before referee on the merits; that the referee make report to this court. Plaintiff’s proceedings stayed until the coming in of the report.
1 How. Pr. 21
Smith v. Reid
Decided October 15, 1844
New York Supreme Court · decided 1844-10-15
Motion to set aside inquest, verdict, and subsequent proceedings.— Defendant’s facts : On the 3d July, 1844, served plaintiff’s attorneys with affidavit, order, notice of motion, and affidavit of merits, to set aside the inquest in this cause, by reason of being misled by the Morning Herald New-York (defendant’s attorneys residing in Kings county), on the 2d day of the circuit, not finding this cause among those published for the day calendar of that day; one of defendant’s…
Decided 1844-10-15