Bromaghim v. Gorse

Decided December 15, 1844

New York Supreme Court · decided 1844-12-15

Motion by defendant for judgment as in case of non-suit.—Issue was joined on 5th August last, noticed for trial by plaintiff August 15th, for circuit held on 21st October. On the 10th October a countermand of the notice of trial was served, defendant made out his costs for preparing for trial previous to countermand and had them taxed on notice; costs were served and demanded of plaintiff on 28th October, and have not yet been paid.

Decided 1844-12-15

Per Curiam.

¶1Plaintiff defends on the wrong ground, he should have appealed from taxation.

¶2Decision.—Motion granted, unless plaintiff pay defendant costs of preparing for circuit up to time of countermand, to be retaxed on due notice, and also ten dollars costs of this motion.